Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77413 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- BIHARIGANJ District- Madhepura ====================================================== Raju Kumar Son of Late Dina Nath Bhagat Resident of Village - Jankinagar, Ward No.6/9, P.S. - Jankinagar, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate Mr. Alok Kumar Singh, Advocate Ms. Rushali, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bihariganj P.S. Case No. 04 of 2024 dated 05.01.2024, instituted for the offence punishable under Sections 302 of the Indian Penal Code.

3. The prosecution case, in short, is that the husband of the informant, being salesman of electricity items, had gone to Udaikishunganj for collecting money by his motorcycle but he did not return. On the next morning, the informant came to know that her husband died due to accident. When the informant went on the spot, she found the dead body of her husband. It is alleged that some unknown persons, under a conspiracy, killed

Patna High Court CR. MISC. No.77413 of 2024(3) dt.22-11-2024 2/3 her husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that only on the basis of suspicion, the petitioner has been arrested in this case and he confessed his guilt before the police. Learned counsel submitted that confession made by the petitioner to the police officer is not admissible as evidence. It is further submitted that there is no eye witness to the alleged occurrence. It is further submitted that no incriminating articles has been found to connect the petitioner in this case. It is stated that other co-accused person namely, Amit Kumar has been granted bail vide order dated 25.09.2024 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 50624 of 2024. Lastly, it has been submitted that the petitioner is in custody since 20.01.2024 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of

Patna High Court CR. MISC. No.77413 of 2024(3) dt.22-11-2024 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Madhepura in Bihariganj P.S. Case No. 04 of 2024. (Khatim Reza, J) Sankalp/- U T