Bittu Kumar @ Bittu Kumar Pandit @ Subham Kumar @ Shubham Vs The State of Bihar

========================= Appearance : (In CRIMINAL MISCELLANEOUS	============================= No. 12415 of 2022)
For the Petitioner/s : Mr.	Bhavesh Kumar Sah, Advocate
: Mr.	Shiv Nandan Bharti, Advocate
For the State : Ms.	Renu Kumari, APP
For the Informant : Mr.	N.K. Agrawal, Sr. Advocate
(In CRIMINAL MISCELLANEOUS	No. 13534 of 2022)
For the Petitioner/s : Mr.	Kripa Nand Jha, Advocate
For the State : Mr.	Ram Bilash Roy Raman, APP
For the Informant : Mr. : Mr.	N.K. Agrawal, Sr. Advocate Soban Asghar, Advocate
(In CRIMINAL MISCELLANEOUS	No. 13714 of 2022)
For the Petitioner/s : Mr.	Subhash Kumar Jha, Advocate
For the State : Mr.	Nityanand Tiwary, APP
For the Informant : Mr.	Soban Asghar, Advocate
(In CRIMINAL MISCELLANEOUS	No. 14278 of 2022)
For the Petitioner/s : Mr. : Mr. : Ms.	Ajay Kumar Thakur, Sr. Advocate Nilesh Kumar, Advocate Vaishnavi Singh
: Mr.	Ritvik Thakur, Advocate
For the State : Mr.	Anil Kumar, APP
For the Informant : Mr.	N.K. Agrawal, Sr. Advocate
: Mr.	Soban Asghar, Advocate
(In CRIMINAL MISCELLANEOUS	No. 18817 of 2022)
For the Petitioner/s : Mr.	Gagandeo Yadav
: Mr.	Ravi Prakash
: Mr. : Mr.	Vinod Kumar, Advocate Udeshya Kumar Yadav, Advocate
For the State : Ms.	Anita Kumari Singh, APP
For the Informant : Mr.	Soban Asghar, Advocate
(In CRIMINAL MISCELLANEOUS	No. 20907 of 2022)
For the Petitioner/s : Mr.	Ajay Kumar Thakur, Sr. Advocate
: Mr.	Ritvik Thakur, Advocate
For the State : Mr.	Md. Ataur Rahman, APP
For the Informant : Mr.	N.K. Agrawal, Sr. Advocate
(In CRIMINAL MISCELLANEOUS	No. 32909 of 2022)
For the Petitioner/s : Mr.	Gagandeo Yadav, Advocate
: Mr. : Mr.	Ravi Prakash, Advocate Vinod Kumar, Advocate
: Mr.	Udeshya Kumar Yadav, Advocate
For the State : Mr.	Soban Ashar, APP
For the Informant : Mr. =========================	N.K. Agrawal, Sr. Advocate =============================

¶74

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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5 01-08-2022

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Cr. Misc. No. 12415 of 2022

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Heard learned counsel appearing on behalf of the

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petitioners, learned counsel appearing on behalf of the State and

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Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 4/22

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learned senior counsel appearing on behalf of the informant.

¶81

Let the defect(s), if any, be removed within a period of four weeks from today.

¶82

The petitioners seek bail in connection with Benipatti P.S. Case No. 243 of 2021 registered for the offence under Sections 363, 365 and 120(B) of the Indian Penal Code.

¶83

The accused/petitioners are not named in the F.I.R. and are in custody since 15.11.2021.

¶84

The allegation against the petitioners is to commit murder of brother of the informant, alongwith other co-accused persons. The deceased a social activist of the locality, working against unauthorized medical centre/nursing home.

¶85

Learned counsel appearing on behalf of the petitioners submitted that save and except suspicion and confessional statement, nothing surfaced during the course of investigation, which may incriminate the petitioners with the present set of occurrence. It is also submitted that mere on the ground of mobile tower location, petitioners cannot be connected with the present occurrence and, moreover, confessional statement of coaccused, namely, Purnakala Devi, who is the calyx of implication, also reflect that, she is not the eye witness of the occurrence. While concluding the argument, it is submitted that

¶86

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 5/22

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petitioners are persons of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶88

Learned APP duly assisted by learned senior counsel appearing on behalf of the informant, while opposing the prayer for bail, fairly conceded that nothing recovered or incriminating surfaced in furtherance of confessional statement.

¶89

In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced, in furtherance of the confessional statement of co-accused, namely, Parnakala Devi, which may connect the petitioners, prima facie , with the present occurrence, having clean antecedent, coupled with the fact that chargesheet has already been submitted, let the petitioners, above named, are directed to be released on bail in connection with Benipatti P.S. Case No. 243 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Benipatti (Madhubani)/concerned Court, subject to the following conditions:

¶90

“(i) That accused/petitioners shall

¶91

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 6/22

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cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioners, duly supported by the documents.

¶93

(ii) That one of the bailors shall be Jay Prakash Pandit, who is the father of petitioner no.2 and deponent of the present bail petition.”

¶94

Cr. Misc. No. 13534 of 2022

¶95

Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned senior counsel appearing on behalf of the informant.

¶96

Let the defect(s), if any, be removed within a period of four weeks from today.

¶97

The petitioner seeks bail in connection with Benipatti P.S. Case No. 243 of 2021 registered for the offence under Sections 363, 365 and 120(B) of the Indian Penal Code.

¶98

The accused/petitioner is not named in the F.I.R. and is in custody since 15.11.2021.

¶99

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 7/22

¶100

The allegation against the petitioners is to commit murder of brother of the informant, alongwith other co-accused persons. The deceased a social activist of the locality, working against unauthorized medical centre/nursing home.

¶101

Learned counsel appearing on behalf of the petitioner submitted that save and except suspicion and confessional statement, nothing surfaced during the course of investigation, which may incriminate the petitioner with the present set of occurrence. It is also submitted that mere on the ground of mobile tower location, petitioner cannot be connected with the present occurrence and, moreover, confessional statement of coaccused, namely, Purnakala Devi, who is the calyx of implication, also reflect that, she is not the eye witness of the occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶102

Learned APP duly assisted by learned senior counsel appearing on behalf of the informant, while opposing the prayer for bail, fairly conceded that nothing recovered or incriminating surfaced in furtherance of confessional statement.

¶103

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 8/22

¶104

In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced, in furtherance of the confessional statement of co-accused, namely, Parnakala Devi, which may connect the petitioner, prima facie , with the present occurrence, having clean antecedent, coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Benipatti P.S. Case No. 243 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Benipatti, Madhubani/concerned Court, subject to the following conditions:

¶105

“(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner, duly supported by the documents.

¶106

(ii) That one of the bailors shall be Rohan Kumar Sah, who is the full brother of

¶107

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 9/22

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petitioner and deponent of the present bail petition.”

¶109

Cr. Misc. No. 13714 of 2022

¶110

Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned senior counsel appearing on behalf of the informant.

¶111

Let the defect(s), if any, be removed within a period of four weeks from today.

¶112

The petitioner seeks bail in connection with Benipatti P.S. Case No. 243 of 2021 registered for the offence under Sections 363, 365 and 120(B) of the Indian Penal Code.

¶113

The accused/petitioner is not named in the F.I.R. and is in custody since 15.11.2021.

¶114

The allegation against the petitioners is to commit murder of brother of the informant, alongwith other co-accused persons. The deceased a social activist of the locality, working against unauthorized medical centre/nursing home.

¶115

Learned counsel appearing on behalf of the petitioner submitted that save and except suspicion and confessional statement, nothing surfaced during the course of investigation, which may incriminate the petitioner with the present set of occurrence. It is also submitted that mere on the ground of

¶116

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 10/22

¶117

mobile tower location, petitioner cannot be connected with the present occurrence and, moreover, confessional statement of coaccused, namely, Purnakala Devi, who is the calyx of implication, also reflect that, she is not the eye witness of the occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶118

Learned APP duly assisted by learned senior counsel appearing on behalf of the informant, while opposing the prayer for bail, fairly conceded that nothing recovered or incriminating surfaced in furtherance of confessional statement.

¶119

In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced, in furtherance of the confessional statement of co-accused, namely, Parnakala Devi, which may connect the petitioner, prima facie , with the present occurrence, having clean antecedent, coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Benipatti P.S. Case No. 243 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

¶120

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 11/22

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like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Benipatti, Madhubani/concerned Court, subject to the following conditions:

¶122

“(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner, duly supported by the documents.

¶123

(ii) That one of the bailors shall be Ajay Sah, who is the father of petitioner and deponent of the present bail petition.”

¶124

Cr. Misc. No. 14278 of 2022

¶125

Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned senior counsel appearing on behalf of the informant.

¶126

Let the defect(s), if any, be removed within a period of four weeks from today.

¶127

The petitioner seeks bail in connection with Benipatti P.S. Case No. 243 of 2021 registered for the offence under

¶128

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 12/22

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Sections 363, 365 and 120(B) of the Indian Penal Code.

¶130

The accused/petitioner is not named in the F.I.R. and is in custody since 02.12.2021.

¶131

The allegation against the petitioners is to commit murder of brother of the informant, alongwith other co-accused persons. The deceased a social activist of the locality, working against unauthorized medical centre/nursing home.

¶132

Learned senior counsel appearing on behalf of the petitioner submitted that save and except suspicion and confessional statement, nothing surfaced during the course of investigation, which may incriminate the petitioner with the present set of occurrence. It is also submitted that mere on the ground of mobile tower location, petitioner cannot be connected with the present occurrence and, moreover, confessional statement of co-accused, namely, Purnakala Devi, who is the calyx of implication, also reflect that, she is not the eye witness of the occurrence. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶133

Learned APP duly assisted by learned senior counsel appearing on behalf of the informant, while opposing the prayer

¶134

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 13/22

¶135

for bail, fairly conceded that nothing recovered or incriminating surfaced in furtherance of confessional statement.

¶136

In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced, in furtherance of the confessional statement of co-accused, namely, Parnakala Devi, which may connect the petitioner, prima facie , with the present occurrence, coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Benipatti P.S. Case No. 243 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Benipatti, Madhubani/concerned Court, subject to the following conditions:

¶137

“(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

¶138

(ii) That accused/petitioner shall cooperate in the trial and shall be physically

¶139

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 14/22

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present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner, duly supported by the documents.

¶141

(iii) That one of the bailors shall be Prabhat Kumar Choudhary, who is the brother-in-law (Bahnoi) of petitioner and deponent of the present bail petition.”

¶142

Cr. Misc. No. 18817 of 2022

¶143

Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned senior counsel appearing on behalf of the informant.

¶144

Let the defect(s), if any, be removed within a period of four weeks from today.

¶145

The petitioner seeks bail in connection with Benipatti P.S. Case No. 243 of 2021 registered for the offence under Sections 363, 365 and 120(B) of the Indian Penal Code.

¶146

The accused/petitioner is not named in the F.I.R. and is in custody since 21.12.2021.

¶147

The allegation against the petitioners is to commit

¶148

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 15/22

¶149

murder of brother of the informant, alongwith other co-accused persons. The deceased a social activist of the locality, working against unauthorized medical centre/nursing home.

¶150

Learned counsel appearing on behalf of the petitioner submitted that save and except suspicion and confessional statement, nothing surfaced during the course of investigation, which may incriminate the petitioner with the present set of occurrence. It is also submitted that mere on the ground of mobile tower location, petitioner cannot be connected with the present occurrence and, moreover, confessional statement of coaccused, namely, Purnakala Devi, who is the calyx of implication, also reflect that, she is not the eye witness of the occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶151

Learned APP duly assisted by learned senior counsel appearing on behalf of the informant, while opposing the prayer for bail, fairly conceded that nothing recovered or incriminating surfaced in furtherance of confessional statement.

¶152

In view of the facts and circumstances, as mentioned

¶153

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 16/22

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above, as nothing incriminating surfaced, in furtherance of the confessional statement of co-accused, namely, Parnakala Devi, which may connect the petitioner, prima facie , with the present occurrence, having clean antecedent, coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Benipatti P.S. Case No. 243 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Benipatti, Madhubani/concerned Court, subject to the following conditions:

¶155

“(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner, duly supported by the documents.

¶156

(ii) That one of the bailors shall be Bharath Paswan, who is the father of petitioner and deponent of the present bail

¶157

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 17/22

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petition.”

¶159

Cr. Misc. No. 20907 of 2022

¶160

Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned senior counsel appearing on behalf of the informant.

¶161

Let the defect(s), if any, be removed within a period of four weeks from today.

¶162

The petitioner seeks bail in connection with Benipatti P.S. Case No. 243 of 2021 registered for the offence under Sections 363, 365 and 120(B) of the Indian Penal Code.

¶163

The accused/petitioner is not named in the F.I.R. and is in custody since 10.12.2021.

¶164

The allegation against the petitioners is to commit murder of brother of the informant, alongwith other co-accused persons. The deceased a social activist of the locality, working against unauthorized medical centre/nursing home.

¶165

Learned senior counsel appearing on behalf of the petitioner submitted that save and except suspicion and confessional statement, nothing surfaced during the course of investigation, which may incriminate the petitioner with the present set of occurrence. It is also submitted that mere on the ground of mobile tower location, petitioner cannot be connected

¶166

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 18/22

¶167

with the present occurrence and, moreover, confessional statement of co-accused, namely, Purnakala Devi, who is the calyx of implication, also reflect that, she is not the eye witness of the occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶168

Learned APP duly assisted by learned senior counsel appearing on behalf of the informant, while opposing the prayer for bail, fairly conceded that nothing recovered or incriminating surfaced in furtherance of confessional statement.

¶169

In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced, in furtherance of the confessional statement of co-accused, namely, Parnakala Devi, which may connect the petitioner, prima facie , with the present occurrence, having clean antecedent, coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Benipatti P.S. Case No. 243 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief

¶170

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 19/22

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Judicial Magistrate-I, Benipatti, Madhubani/concerned Court, subject to the following conditions:

¶172

“(i) That accused/petitioner shall

¶173

cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner, duly supported by the documents.

¶174

(ii) That one of the bailors shall be Manoj Kumar Yadav, who is the brother of petitioner and deponent of the present bail petition.”

¶175

Cr. Misc. No. 32909 of 2022

¶176

Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned senior counsel appearing on behalf of the informant.

¶177

Let the defect(s), if any, be removed within a period of four weeks from today.

¶178

The petitioner seeks bail in connection with Benipatti P.S. Case No. 243 of 2021 registered for the offence under

¶179

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 20/22

¶180

Sections 363, 365 and 120(B) of the Indian Penal Code.

¶181

The accused/petitioner is not named in the F.I.R. and is in custody since 15.11.2021.

¶182

The allegation against the petitioners is to commit murder of brother of the informant, alongwith other co-accused persons. The deceased a social activist of the locality, working against unauthorized medical centre/nursing home.

¶183

Learned counsel appearing on behalf of the petitioner submitted that save and except suspicion and confessional statement, nothing surfaced during the course of investigation, which may incriminate the petitioner with the present set of occurrence. It is also submitted that mere on the ground of mobile tower location, petitioner cannot be connected with the present occurrence and, moreover, confessional statement of the petitioner, who is the calyx of implication, also reflect that, she is not the eye witness of the occurrence . While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶184

Learned APP duly assisted by learned senior counsel appearing on behalf of the informant, while opposing the prayer

¶185

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 21/22

¶186

for bail, fairly conceded that nothing recovered or incriminating surfaced in furtherance of confessional statement.

¶187

In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced, in furtherance of the confessional statement of the petitioner, which may connect the her, prima facie , with the present occurrence, having clean antecedent, coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Benipatti P.S. Case No. 243 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Benipatti, Madhubani/concerned Court, subject to the following conditions:

¶188

“(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner, duly supported by the documents.

¶189

Patna High Court CR. MISC. No.12415 of 2022(5) dt.01-08-2022 22/22

¶190

(ii) That one of the bailors shall be Bharath Paswan, who is the cousin of petitioner and deponent of the present bail petition.”

¶191

(Chandra Shekhar Jha, J)

¶192

Ankit/-

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U T

Bittu Kumar @ Bittu Kumar Pandit @ Subham Kumar @ Shubham v. The State of Bihar

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Bittu Kumar @ Bittu Kumar Pandit @ Subham Kumar @ Shubham v. The State of Bihar

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