Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66895 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- PATNA GRP CASE District- Patna ====================================================== Bittu Kumar son of Dev Mandal @ Indra Dev Mandal Village- Jogmela PsLakhisarai Dist- lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner is in custody in connection with Sessions Trial No. 711 of 2023, arising out of GRP Patna Junction P.S Case No. 86 of 2023 registered for the offences punishable under Sections 302/201/34 of the I.P.C.
3. As per allegation in the FIR, one suspected dead body was recovered in a box which was pending south platform no. 08/09 west corner of RPSF, Bairak.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case.
Patna High Court CR. MISC. No.66895 of 2023(5) dt.13-02-2024 2/3 He further submits that co-accused Vicky Kumar @ Chotu confessed the present occurrence and the name of the petitioner figured by confessional statement of coaccused and the wife of co-accused. Vicky Kumar are entangled in physical relation and on that circumstances, the co-accused Vicky Kumar and his wife make a plan to kill the deceased. He next submits that petitioner has no knowledge about the present occurrence and he has no role to kill the deceased He next submits that coaccused Vicky Kumar @ Chhotu both are in family dispute and Vicky Kumar @ Chhotu has falsely implicated the petitioner in the present case. Petitioner is in judicial custody since 22.02.2023 and he has got no criminal antecedent as stated in para 3 of the petition.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the Case diary, no eyewitnesses have supported the involvement of the petitioner with the accused persons in the chain of circumstance. Considering the aforesaid facts and
Patna High Court CR. MISC. No.66895 of 2023(5) dt.13-02-2024 3/3 circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Session Judge-X, Patna in the connection with GRP Patna Junction P.S Case No. 86 of 2023 with condition that petitioner shall co-operate in concluding the trial.
(Ramesh Chand Malviya, J) Mayank/- U T