Allowed

Bir Bahadur Kumar @ Karan v. The State of Bihar

Patna HC6 Aug 2019CR. MISC./31846/2019

Case brief

AI extract

What is this about?

In a bail application under IPC 302/34, the High Court observed discrepancies regarding the victim's phone model and lack of FSL report despite recovery of a confessional statement. The court granted bail on furnishing a bond with two sureties.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of like amount, both being close relatives.

Bir Bahadur Kumar @ Karan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31846 of 2019

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Arising Out of PS. Case No.-36 Year-2019 Thana- MANJHI District- Saran

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======================================================

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BIR BAHADUR KUMAR @ KARAN Son of Shri Bishwanath Sah Resident of Village - Mahandiganj, P.S.- Manjhi, Distt - Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shambhu Prasad Yadav For the Opposite Party/s : Mr.Nagendra Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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4 06-08-2019

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Heard learned counsel for the petitioner, informant and the learned APP for the State.

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The petitioner seeks bail in Manjhi P. S. Case No. 36 of 2019 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.

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In the written report it is alleged that informant got information on 18.2.2019 at 7 am that dead body of her son, namely Dhurendra Chaudhary is lying in Badhar . The informant and her family members went there and found that her son was lying dead in the field and there was cut injury over his neck.

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Learned counsel for petitioner submits that in the entire case diary besides the confessional statement of the petitioner recorded before the police, there is no any eye

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Patna High Court CR. MISC. No.31846 of 2019(4) dt.06-08-2019 2/3

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witness of the occurrence.

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Learned counsel for the informant has appeared and opposed the prayer for bail. He submits that petitioner has given his confessional statement which is available in paragraph no. 46 of the case diary, wherein, he has stated that after committing murder of son of informant by means of Fasuli, he snatched his mobile phone. On the basis of confessional statement of petitioner one blood stained Fasuli and mobile phone have been recovered by the police.

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Learned counsel for the petitioner has submitted that as per written report the deceased was having mobile of Vivo company but, as per seizure list the alleged mobile recovered from possession of the petitioner is of Nokia company. He further submits that there is no FSL report available in the case diary to substantiate that blood stained fasuli alleged to have been recovered from possession of petitioner was used in murder of deceased.

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Petitioner is in custody since 22.2.2019.

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Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Saran, in connection with

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Patna High Court CR. MISC. No.31846 of 2019(4) dt.06-08-2019 3/3

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Manjhi P. S. Case No. 36 of 2019 subject to the condition that

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both the bailors shall be the close relative of the petitioner.

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(Sanjay Priya, J)

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shyambihari/-

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U T

Bir Bahadur Kumar @ Karan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bir Bahadur Kumar @ Karan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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