Anshuman Kumar @ Ashuman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59463 of 2023 Arising Out of PS. Case No.-489 Year-2023 Thana- BIHTA District- Patna ====================================================== ANSHUMAN KUMAR @ ASHUMAN KUMAR Son of Late Sanchit Singh R/o vill - Musepur, P.S. - Bihta, Distt. - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

3. According to the prosecution case, the FIR was instituted against unknown person regarding murder of the husband of the informant who was shot dead.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The FIR was lodged against unknown. The petitioner is son of the deceased, whose name came into light during course of investigation. The petitioner confessed his guilt regarding murder of the deceased in his self confessional statement. It is

Patna High Court CR. MISC. No.59463 of 2023(3) dt.11-10-2023 2/2 further submitted that the confession before police, is inadmissible in the eye of law. There is also no any eye witness of the alleged occurrence. Except suspicion, no any consistent evidence has come against the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, he is languishing in judicial custody since 23.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Bihta P.S. Case No. 489 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Danapur, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T