Dismissed¶22

Vishwajeet Kumar v. The State of Bihar

Patna HC21 Aug 2024CR. MISC./80011/2023

Case brief

AI extract

What is this about?

Bail rejection; murder by gun-shot after baraat; last-seen evidence and switched-off mobile weighed by judge; IPC Sections 147, 148, 149, 341, 323, 324, 307, 379, 448, 447, 504, 506 and Arms Act Section 27; Madhuban P.S. Case 516/2023, East Champaran (header cites Turkauliya P.S. Case 569/2023); Patna HC Cr. Misc. No. 80011 of 2023, order dt. 21-08-2024, Justice Nawneet Kumar Pandey; petitioner Vishwajeet Kumar; bail prayer rejected as not a fit case.

What did the court decide?

The court noted that the deceased was last seen in company with the petitioner and that the mobile set was switched off when the father of the deceased wanted to contact the petitioner; these were among the facts and circumstances weighed against bail. ¶19

Vishwajeet Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80011 of 2023

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Arising Out of PS. Case No.-569 Year-2023 Thana- TURKAULIYA District- East

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Champaran

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======================================================

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VISHWAJEET KUMAR SON OF VIJAY SINGH R/O VILLAGECHIKNAUTA, P.S.- SUGAULI, DISTRICT- EAST CHAMPARAN

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar No.Iii For the Opposite Party/s : Mr.Uday Pratap Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 21-08-2024

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Heard the learned counsel for the petitioner as

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well as the learned Additional Public Prosecutor for the State.

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The petitioner is seeking regular bail in connection with Madhuban P.S. Case No. 516 of 2023 for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 448, 447, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

¶15

As per FIR, the allegation against the petitioner is that he came at the door of the informant and took the informant's son in a Barat Party and later on, he along with others killed the informant's son by gun-shot and threw away his body near Belwa Rai Road. It has been mentioned in the FIR that the petitioner and his associates had committed murder of the deceased.

¶16

Patna High Court CR. MISC. No.80011 of 2023(4) dt.21-08-2024 2/3

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that except suspicion, there is nothing against the petitioner. There is no eye witness of the occurrence and the motive for committing murder has been not mentioned in the FIR.

¶18

On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that it was the petitioner, who killed the deceased after the deceased accompanied the petitioner and thereafter was found missing. It is strange that the mobile phone of the petitioner was switched off when the father of deceased attempted to contact him. He has further submitted that the deceased was seen by the witnesses going with the petitioner in paragraph nos. 10 and 11 of the case diary, as such, it is a case of circumstantial evidence and the link of chain is completed by the statement of the witnesses recorded under Sections 10 and 11, who are the witnesses on last seen.

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The deceased was last seen in company with the petitioner. His mobile set was switched off when the father of the deceased wanted to contact the petitioner.

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Considering the above-mentioned facts and

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Patna High Court CR. MISC. No.80011 of 2023(4) dt.21-08-2024 3/3

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circumstances as well as the gravity of the allegation, I do not think it to be a fit case for bail, which is hereby rejected.

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(Nawneet Kumar Pandey, J)

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Nirmal/- U T

Vishwajeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vishwajeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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