Single judge ordered release of two petitioners on regular bail in a murder and arms Act case. Court noted reliance on confession testimony and lack of other evidence despite charge sheet filing.
Released on regular bail furnishing bond of Rs.20000/- each with two sureties of like amount.
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.34753 of 2021
Arising Out of PS. Case No.-14 Year-2021 Thana- BHANGWANPUR HAT District- Siwan
====================================================== DIPU RAI @ DEEPAK KUMAR RAI @ DIPU RAY S/O HARENDRA RAI @ HARENDRA RAY R/O VILLAGE-BASANTPUR, P.S-BASANTPUR, DISTRICT-SIWAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 67950 of 2021
Arising Out of PS. Case No.-14 Year-2021 Thana- BHANGWANPUR HAT District- Siwan
====================================================== VIKASH KUMAR @ VIKASH SINGH Son of Krishna Singh Resident of Village - Siristapur, P.s.- Janta Bazar, Distt.- Chhapra (Saran)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 34753 of 2021)
For the Petitioner/s : Mr.Prashant Kumar For the Opposite Party/s : Mrs. Anita Kumari (In CRIMINAL MISCELLANEOUS No. 67950 of 2021) For the Petitioner/s : Mr.Raghav Prasad For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
======================================================
5 25-04-2022 Heard the parties.
Since both the bail applications arise out of same
Bhagwanpur Hat PS Case No. 14 / 2021 as such both the
Patna High Court CR. MISC. No.34753 of 2021(5) dt.25-04-2022 2/4
applications were taken up together and are being disposed of by this common order.
Petitioners seek regular bail in connection with Bhagwanpur Hat PS Case No. 14 / 2021 registered under Section 302 / 34 of the IPC and Section 27 of the Arms Act.
As per the First Information Report while the son of the informant was coming back to home on his motorcycle, he was shot dead by the unknown criminals and dead body was thrown in the nearby chawar (pond).
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case on the basis of information provided by Spy during the course of investigation and only confessional statement of the petitioner Dipu Rai was recorded in which he has stated that Dharmendra Kumar as well as petitioner / Dipu Rai fired one bullet each on the deceased. He further submits that even if confessional statement of the petitioner- Dipu Rai is taken on its face value for the sake of argument, it would be evident that two shots were fired upon the deceased i.e. one by Dharmendra Kumar and one by Dipu Rai i.e. the petitioner in Cr. Misc. 34753 / 2021 but the post mortem report reveals only one gun shot injury . He next submits that that except confessional statement of the
Patna High Court CR. MISC. No.34753 of 2021(5) dt.25-04-2022 3/4
petitioner- Dipu Rai no other corresponding evidence has come against the petitioner in course of investigation.
Insofar as the case of the petitioner- Vikash Kumar in Cr. Misc. No. 67950 / 2021 is concerned, even in the confessional statement no overt act has been alleged against him. The petitioners are in custody since 16.02.2021 and 10.05.2021 respectively and the petitioner- Vikash Kumar has been remanded in this case from another case on 10.05.2021.
Regard being had to the submissions made by the parties and taking into consideration the material available on record, the fact that petitioners are in custody since 16/02/2021 and 10/05/2021, charge sheet has already been submitted and except confessional statement of the petitioner / Dipu Rai no other material has come against them, as such, I am inclined to grant regular bail to the petitioners.
Let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Siwan / Additional Sessions Judge-V, Siwan / court concerned in connection with Bhagwanpur Hat PS Case No. 14 / 2021 on the following conditions-
(a) that the petitioners shall remain present on
Patna High Court CR. MISC. No.34753 of 2021(5) dt.25-04-2022 4/4
each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioners, their bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the petitioners should be granted regular bail in connection with the Bhagwanpur Hat PS Case No. 14 / 2021.
2 provisions across 2 enactments
DIPU RAI
VIKASH KUMAR
THE STATE OF BIHAR
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
