Vishnu Kumar @ Mama v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61269 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- BAHADURPUR District- Patna ====================================================== Vishnu Kumar @ Mama S/o Gulab Sah R/o Mohalla- Chai Tola, Police Station- Sultanganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Krishna Jha For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bahadurpur P.S. Case No. 152/2024 dated 06.04.2024 registered for the offence punishable u/s 302 of the Indian Penal Code.
3. As per the prosecution case, the informant got information that an unknown dead body was lying near New Central High School at Rampur Nahar. When the informant reached there, a dead body shrouded in sack was found in the nahar and with the help of local they managed to get the dead body out of the nahar.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.61269 of 2024(2) dt.10-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Chotu Kumar which has got no evidentiary value in the eye of law. Learned counsel has further submitted that there is nothing against the petitioner except the confessional statement. The petitioner has five criminal antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City in connection with Bahadurpur P.S. Case No. 152/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
Patna High Court CR. MISC. No.61269 of 2024(2) dt.10-09-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T