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Patna High CourtCR. MISC./65382/2022allowed

Parveen Kumar @ Parveen Kumar Jha v. The State Of Bihar

2024-01-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65382 of 2022 Arising Out of PS. Case No.-238 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== PARVEEN KUMAR @ PARVEEN KUMAR JHA Son of Late Dhananjay Jha Resident of Village- Silout, P.S.- Muffasil Samastipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 120B of the Indian Penal Code.

3. As per allegation in the FIR, petitioner is step son of the informant and allegedly he has killed his father. In the background of the case, there was greedy eye of the petitioner over the entire property of the informant and her husband.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case because informant wants to grab all the property of petitioner's father. Informant has sold ancestral property of deceased and the same was always opposed by the petitioner. No one is the eye witness

Patna High Court CR. MISC. No.65382 of 2022(5) dt.25-01-2024 2/2 of the alleged incident. Save and except his self confessional statement, nothing has come against the petitioner to show his complicity in the present case. Police has recorded his self confessional statement by applying force, which is inadmissible in the eye of law. Petitioner has got no criminal antecedent and languishing in judicial custody since 30.5.2022.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is named accused and he has confessed his guilt.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMII, Samastipur in connection with Muffasil Samastipur P.S. Case No. 238 of 2022.

(Sunil Kumar Panwar, J) sushma/- U