Petitioner sought bail in criminal case alleging murder. Court noted petitioner was not in FIR initially but named later via confession; deceased body recovered on petitioner's disclosure. Bail rejected.
Bail petition rejected; petitioner sent back to custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15377 of 2021
Arising Out of PS. Case No.-106 Year-2020 Thana- TARAPUR District- Munger
======================================================
Kumar Rishav Son of Abhiram Singh Resident of Village - Padhwara, P.S.Tarapur, District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Indu Bhushan For the Opposite Party/s : Mr.Shyam Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 11-08-2021
Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Tarapur P.S. Case No.106 of 2020, registered for the offence under Sections 363, 365, 34, 302, 201 of the Indian Penal Code.
As per the prosecution case, the son of informant namely Aman Kumar and son of informant’s Gotia namely Aditya Kumar Singh were missing since 9:00 AM on 17.07.2020 and it is alleged that co-accused Ambuj Yadav, after calling them, took them from the house. The informant suspects that the FIR named accused persons have committed the murder of both of the deceased.
Petitioner is not named in the FIR. Name of the petitioner has come during course of investigation on the
Patna High Court CR. MISC. No.15377 of 2021(3) dt.11-08-2021 2/2
confessional statement of co-accused Ambuj Yadav. Nothing has been recovered from the conscious possession of the petitioner and only on suspicion, petitioner has been made accused in this case. Petitioner has got clean antecedent and he is in custody since 24.07.2020.
However, learned A.P.P. for the State opposed the bail petition and submitted that dead-body of the deceased was recovered on the disclosure made by this petitioner alongwith co-accused Ambuj Yadav.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether bail should be granted to petitioner named in investigation post-FIR confession involving alleged murder.
1 provisions across 1 enactments
Kumar Rishav
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
