Patna High CourtCR. MISC./66406/2024bail rejected

Astik Kumar v. The State Of Bihar

2024-12-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66406 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- GADHPURA District- Begusarai ====================================================== Astik Kumar Son of Ashok Thakur Resident of Village- Ekamba, P.S. - Gadhpura, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gadhpura P.S. Case No. 71/2024/ dated 14.06.2024 registered for the offence punishable u/s 364A and 302 of the Indian Penal Code.

3. As per the prosecution case, unknown miscreants are alleged to have abducted the young brother of the informant and demanded ransom.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the

Patna High Court CR. MISC. No.66406 of 2024(3) dt.17-12-2024 2/2 co-accused persons, Pravin Kumar And Anshu Kumar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per the postmortem report, the cause of death is due to asphyxia as a result of strangulation. The co-accused persons, namely, Anshu Kumar and Praveen Kumar in their confessional statements in para 60 and 61 of the case diary have mentioned the modus operandi of the alleged occurrence in which the complicity of the petitioner is also mentioned.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Gadhpura P.S. Case No. 71/2024 pending in the court of learned J.M.1st Class, Begusarai.

7. This application stands rejected.

(Chandra Prakash Singh, J) atul/- U T