Jitendra Kumar @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80920 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Jitendra Kumar @ Gautam Kumar Son of Arjun Singh @ Arjun Rai R/villBhagwatipur, P.S - Bihta, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and Mr. Kalyan Shankar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner along with others has gone with the son of the informant. After considerable time, when the son of the informant did not return, the informant made call on the mobile of his son, which was switched off, after that, he received a call from Mobile No. 8521241246 that his son is with him and they have gone to attend a marriage party. The informant suspects that the petitioner along with other has killed the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal

Patna High Court CR. MISC. No.80920 of 2024(4) dt.17-02-2025 2/2 antecedent. During course of investigation, Jitendra Kumar has given his confessional statement that the deceased was administered heavy dose of smack due to which he died. The heavy dose of the smack was administered by one co-accused namely Vakil. From perusal of the post-mortem report, it transpires that no ante-mortem injury was found on the person of the deceased. There is nothing except confessional statement against this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 12.03.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Naubatpur P.S. Case No. 92 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Danapur, Patna.

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