Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69281 of 2021 Arising Out of PS. Case No.-609 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Pawan Kumar Son of Late Raghu Bansh Prasad Resident of Village - Rajapur Manpura, P.S.- Srikrishana Puri, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 609 of 2018 registered for the offence under Sections 365, 302 and 201 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 30.08.2020.

The allegation against the petitioner is to commit murder of brother of the informant, alongwith other co-accused persons due to previous enmity.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R., where name

Patna High Court CR. MISC. No.69281 of 2021(3) dt.15-10-2022 2/3 of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Sohray Ram, in furtherance of which nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner with the present occurrence of murder. It is further pointed out that the said coaccused, namely, Sohray Ram has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 60789 of 2021 dated 06.09.2022. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted long back, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the F.I.R.

In view of the facts and circumstances, as mentioned above, as nothing incriminating recovered/surfaced to connect this petitioner with the present occurrence of murder in furtherance of confessional statement, where petitioner is in custody since 30.08.2020 coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Naubatpur

Patna High Court CR. MISC. No.69281 of 2021(3) dt.15-10-2022 3/3 P.S. Case No. 609 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Danapur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T