Nabul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71631 of 2021 Arising Out of PS. Case No.-154 Year-2019 Thana- BIND District- Nalanda ====================================================== Nabul Kumar Son Of Chndradip Yadav Resident Of Village- Masiadih, P.SBind, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bind P.S. Case No. 154 of 2019, registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of petitioner transpired during course of investigation on the basis of statement of the son of deceased aged about nine years recorded under Section 164 Cr.P.C. Petitioner is in custody since 30.08.2021 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner was also one of the

Patna High Court CR. MISC. No.71631 of 2021(3) dt.26-04-2022 2/2 participants in commission of alleged occurrence and the son of deceased in his statement recorded under Section 164 Cr.P.C has categorically stated that in his presence this petitioner along with other co-accused persons assaulted and committed murder of his father, mother and sister.

Considering the facts aforesaid, nature of allegation and statement of son of the deceased recorded under Section 164 Cr.P.C, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T