Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74036 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- GURARU District- Gaya ====================================================== Mritunjay Kumar, Son of Lalan Kumar @ Lalan Chandravanshi, R/O Vill.- Tinari, P.S.- Guraru, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No. II, Advocate Mr. Gajendra Kumar Singh, Advocate For the State :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Guraru P.S. Case No. 108 of 2024 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the nephew of the informant, namely, Ankit Kumar was living at village Teneri at the house of his maternal grandfather and was giving tuition to the boys of the village. On 25.06.2024, Ankit Kumar received a call and he went talking on the mobile. He did not return till night. He was searched in night. On 26.06.2024, the dead body of Ankit Kumar was found in the field of village Teneri.

Patna High Court CR. MISC. No.74036 of 2024(3) dt.21-01-2025 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It is further submitted that during course of investigation, one Shakti Singh was apprehended and he has given his confessional statement. In his confessional statement, he has stated that Ankit Kumar was having relation with his sister. He was against that relation and due to that relation, he has disclosed his intention before this petititoner that he is going to kill him. There is nothing except the confessional statement of Shakti Singh. If the confessional statement of Shakti Singh is taken to be true then also the role of this petitioner is only that he was having knowledge that Ankit Kumar was going to be killed by Shakti Singh. This knowledge constitutes no offence. Petitioner is languishing in judicial custody since 30.06.2024.

5. The application for bail is opposed by learned APP for the State.

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

Patna High Court CR. MISC. No.74036 of 2024(3) dt.21-01-2025 3/3 of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-X, Gaya in connection with Guraru P.S. Case No. 108 of 2024.

(Ashok Kumar Pandey, J) lata/- U T