Patna High CourtCR. MISC./85203/2024bail rejected

Chhotu Kumar v. The State Of Bihar

2025-01-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85203 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- BAHADURPUR District- Patna ====================================================== Chhotu Kumar Son of Gulab Sah Resident of Mohalla- Shivpur Tikiya Tola Chai Tola, Police Station- Sultanganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bahadurpur P.S. Case No. 152/2024 dated 06.04.2024 registered for the offence punishable u/s 302 of the Indian Penal Code.

3. As per the prosecution case, the informant got information that an unknown dead body was lying near New Central High School at Rampur Nahar. When the informant reached there, a dead body shrouded in sack was found in the nahar and with the help of local they managed to get the dead body out of the nahar.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.85203 of 2024(3) dt.17-01-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in his confessional statement. The charge-sheet has already been submitted against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has three criminal antecedents in which he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 30.04.2024. The co-accused, Vishnu Kumar @ Mama has been granted regular bail by this Court vide order dated 10.09.2024 passed in Cr. Misc. No. 61269 of 2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that as per the confessional statement it is the accused petitioner who shot the deceased, Banti.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Bahadurpur P.S. Case No. 152 of 2024, pending in the Court of learned Additional District & Sessions Judge-IIIrd, Patna City.

Patna High Court CR. MISC. No.85203 of 2024(3) dt.17-01-2025 3/3

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

8. This application stands rejected.

(Chandra Prakash Singh, J) shivam/- U T