This brief order grants regular bail to the petitioner in a murder case involving Sections 302 and 34 IPC. The court noted the submission of the charge-sheet, clean antecedents, and lack of recorded confessional statement before allowing the release on a financial bond.
Release on bail bond of Rs. 10,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23018 of 2021
Arising Out of PS. Case No.-173 Year-2019 Thana- NAGARNAUSA District- Nalanda
======================================================
Sanjeet Kumar Son of Mithilesh Kumar @ Mithilesh Prasad @ Mutur Resident of Village- Salempur, P.S.- Nagarnausa, District- Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bishwa Bijay Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 23-12-2021
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Nagarnausa P.S. Case No. 173 of 2019 instituted for the offences under Sections 302 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 16.03.2020, is a person with clean antecedent and charge-sheet has been submitted in the case.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that he along with his son Kamlesh Kumar (deceased) and nephew Nilesh Kumar were working at their khalihan and when they returned to their home in the evening one Sanjeet Kumar (petitioner) and Sunil Kumar
Patna High Court CR. MISC. No.23018 of 2021(3) dt.23-12-2021 2/3
came to the house of the informant at about 7.00 pm and asked his son to accompany them and when the son did not return to the house in the night, the informant went to the house of Sanjeet Kumar to verify about the whereabouts of his son but his father Mithilesh Kumar said that he has not come back to his house. It is further alleged that on 29.12.2019 a villager Gorka came to the house of the informant and informed that his son has been killed by unknown persons and accordingly he went to the place of occurrence where he saw the dead body of his son whose throat was slit accordingly it is alleged based on suspicion that the named accused persons have killed the son of the informant.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that there is nothing in the F.I.R. to even remotely suggest that there was any enmity between the petitioner and the son of the deceased, the only allegation is that this petitioner along with Sunil had asked the son of the deceased to accompany him. Learned counsel for the petitioner further submits that even the confessional statement of Sanjeet Kumar has not been recorded and merely based on suspicion that he was the person who had asked the deceased to accompany him,
Patna High Court CR. MISC. No.23018 of 2021(3) dt.23-12-2021 3/3
has been implicated in the present case.
Learned A.P.P. for the State vehemently opposes the
prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 16.03.2020, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Nagarnausa P.S. Case No. 173 of 2019.
(Satyavrat Verma, J)
Rishi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a murder case after the charge-sheet is submitted and given clean antecedents.
1 provisions across 1 enactments
SANJEET KUMAR SON OF MITHILESH KUMAR
THE STATE OF BIHAR
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
