Regular bail application in murder and arms offences case where petitioners were implicated via phone location and police confession. The court found circumstances sufficient to grant bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5869 of 2023
Arising Out of PS. Case No.-113 Year-2022 Thana- PANDARAK District- Patna
======================================================
SONU KUMAR @ DOMA Son of Keshav Yadav Resident of Village/Mohalla- Rashula, P.S.- Pandarak, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 13622 of 2023
Arising Out of PS. Case No.-113 Year-2022 Thana- PANDARAK District- Patna
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PINTU KUMAR Son of Keshav Yadav @ Kesho Yadav Resident of Village - Rasula (Bampur), P.S.- Pandarak, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance : (In CRIMINAL MISCELLANEOUS No. 5869 of 2023) For the Petitioner/s : Mr.Tej Narayan Singh For the Opposite Party/s : Mr.Narendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 13622 of 2023) For the Petitioner/s : Mr.Bhim Sen Prasad For the Opposite Party/s : Mr.Uday Chand Prasad
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 04-07-2023
Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
The petitioners seek regular bail in connection with Pandarak P.S. Case No.113 of 2022 registered for the offence under Sections 341, 302, 379, 120B/34 of the Indian Penal Code and Section 27 of Arms Act.
As per prosecution case, the informant alleged that when his father went for ploughing the field, he was committed
Patna High Court CR. MISC. No.5869 of 2023(4) dt.04-07-2023 2/3
murder by shot fire by F.I.R. named accused person inconnivance with other unknown persons.
Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Both the petitioners are not named in the FIR and they have falsely been implicated in this case. The name of the petitioners came into light on the basis of their phone location which was collected by the police. It is further submitted that the petitioner Pintu Kumar confessed his guilt and also stated the name of Sonu Kumar in his self confessional statement before the police, which has got no evidentiary value in the eye of law. There is no eye witness of the alleged occurrence. During course of investigation, no any consistent material has come to suggest the involvement of the petitioners in the alleged offence. It is further submitted that the petitioners are languishing in judicial custody since 15.8.2022.
Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that informant’s father was killed by firearm.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.5869 of 2023(4) dt.04-07-2023 3/3
inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Pandarak P.S. Case No. 113 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Barh, Patna.
(Sunil Kumar Panwar, J)
lata/-
U T
1 issue framed by the court
Whether the petitioners, implicated on phone location data and a police confessional statement, should be granted regular bail in a murder case.
2 provisions across 2 enactments
Sonu Kumar @ Doma
Pintu Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
