Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48308 of 2015 Arising Out of PS.Case No. -92 Year- 2015 Thana -RAMPUR District- GAYA ====================================================== Vijay Kumar Son of Late Rajendra Prasad Resident of Village - Tehta, P.S. - Tehta, District - Jehanabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Rampur P.S. Case No. 92 of 2015 registered for the offences punishable under Sections 25(1-B)a, 26/27 of the Arms Act. Allegedly, Jitu Kumar @ Jitendra Kumar, the deceased and the petitioner were taking wine in the room and thereafter the dead-body of Jitu Kumar, hidden under the bed of the petitioner, was recovered with one country made pistol and two blank cartridges.
Submission is of false implication and that the informant is not the eyewitness and no one has seen committing the murder, the prosecution story is not probable and reliable, the
Patna High Court Cr.Misc. No.48308 of 2015 (4) dt.18-01-2016 2/2 informant appears himself to be kingpin of the occurrence, as for vacating the house, dispute was going on, the police in collusion and conspiracy with the informant implicated the petitioner and he is suffering in custody since 06.04.2015., deserves sympathetic consideration.
The learned A.P.P. opposes the prayer of bail by submitting that the deceased was killed in the room of the petitioner and earlier both were seen taking liquor. In the facts and circumstances stated above, considering that during investigation, the prosecution story finds support and, as such, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T