Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72872 of 2019 Arising Out of PS. Case No.-244 Year-2019 Thana- GARKHA District- Saran ====================================================== PRADEEP KUMAR Son of Girija Singh Resident of Village - Maiki, P.S.- Garkha, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Garkha P.S. Case No. 244 of 2019, registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

The allegation is regarding unknown miscreants having killed the step-son of the informant. It appears that during investigation, the petitioner was arrested and in his confessional statement, he has admitted to have been a part of the conspiracy to kill the son of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent. It is further submitted that there is no material on record of the case diary to suggest the

Patna High Court CR. MISC. No.72872 of 2019(3) dt.19-12-2019 2/2 complicity of the petitioner except his confessional statement, which has got no evidenciary value in the eyes of law. It is further submitted that the actual fact is that the step-brother of the deceased, namely, Arun Kumar and the father of the deceased, who incidentally is the informant of this case, are having complicity in the matter of murder of the deceased and the same stands corroborated by the materials collected by the police during the course of the investigation. It is further submitted that though the petitioner is accused in three other criminal cases, but he is on bail in the said three cases and as far as the present case is concerned, he is languishing in custody since 14.5.2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Garkha P.S. Case No. 244 of 2019. (Mohit Kumar Shah, J) ajay gupta/- U T