Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64770 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- SAHPUR District- Patna ====================================================== Bittu Kumar, aged about 20 years, Gender- Male, son of Rajeshwar Rai @ Rajeshwar Ray, resident of Village- Shiwalapar, P.S.- Shahpur, Distt.- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Shahpur PS Case No.47 of 2024 dated 28.01.2024, instituted for the offence punishable under Sections 147, 148, 149, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner and others is that on the alleged date of occurrence they came and shot dead the husband of the informant, namely, Satyendra Prasad when he was returning home after closing his Betel Shop and thereafter they fled away.

4. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. It is

Patna High Court CR. MISC. No.64770 of 2024(3) dt.25-09-2024 2/3 further submitted that from the FIR itself it is crystal clear that the informant is not an eye witness of the occurrence. It is further submitted that in the case diary, which has been received in another case of co-accused, in paragraph no.3, it is mentioned that the police got information about the occurrence at 10.30 PM on 27.01.2024. As per paragraph no. 7 of the case diary, inquest report was prepared at 2.10 AM on 28.01.2024 and postmortem was done on the same day at 10.45 AM. Thereafter, the FIR was lodged at 3.35 PM on 28.01.2024. There is no eye witness to the occurrence. It is further submitted that the petitioner was arrested from his house on 28.01.2024 while he was unaware about his name having been implicated in the present case on account of previous enmity. Further submission is that during investigation none has claimed himself to be the eye witness of the occurrence. Petitioner is in custody since 29.01.2024 having clean antecedents. Charge-sheet has already been submitted in the case.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.64770 of 2024(3) dt.25-09-2024 3/3 each to the satisfaction of the JM- I, Danapur, Patna, in Shahpur PS Case No.47 of 2024.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T