Prince Kumar @ Kamal Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71036 of 2024 Arising Out of PS. Case No.-220 Year-2024 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Prince Kumar @ Kamal Prince Kumar Son of Raju Chaudhary Resident of village -Basaiti, P.S.- Baunsi, Dist.- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar, Adv.
For the informant Mr. Sidhhi Aashna, Adv. Mr. Sanjay Kumar Sharma, Adv.
For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with K. Nagar P.S. Case No. 220 of 2024 dated 22.07.2024 registered for the offences punishable u/ss 103, 61(2) and 238 of the B.N.S.
3. As per the prosecution case, on 21.07.2024 at about 12.30 hours, the informant's husband namely Md. Hussain Ansari had gone out from his house along with his friends namely Prince Kumar and Dilip Samrat by his vehicle. At about 21.00 hours, the informant contacted with her husband from mobile and she heard that her husband was telling to the
Patna High Court CR. MISC. No.71036 of 2024(3) dt.24-02-2025 2/3 petitioner Prince Kumar and the co-accused, Dilip Samrat that he has to reach at his house at 7 A.M. for urgent work. At about 11 hours, when the informant went to the house of the petitioner to enquire about her husband then he did not give any satisfactory answer to her and fled away from his house. Thereafter, the informant received a call on mobile from unknown person regarding the dead body of her husband lying in a vehicle at Baghmara. The informant reached there and saw the dead body of her husband. It is alleged that the accused persons named in the F.I.R. have committed murder of her husband with firearms under a conspiracy.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner in this case merely on suspicion. Learned counsel has further submitted that during the course of investigation, police arrested the petitioner and the coaccused, Ashok Samrat and recorded their confession whereby another story came into knowledge that Md. Husain Ansari (deceased) shot himself while playing with his pistol. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has one
Patna High Court CR. MISC. No.71036 of 2024(3) dt.24-02-2025 3/3 criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.07.2024.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner and submitted that the petitioner and the co-accused person have committed murder of the informant's husband under conspiracy and their confessional statement which shows that the petitioner and the co-accused, Dilip Samrat were last seen with the deceased and next morning, the dead body of the deceased was recovered from the deserted place.
6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.
7. The application stands rejected.
(Chandra Prakash Singh, J) Gautam/- U T