PATNA, India, June 11 -- Patna High Court issued the following order on May 13:

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sabour P.S. Case No. 329 of 2024 registered for the offence under Sections 103(1) and 3(5) of the B.N.S.

3. In this case, name of the deceased is Ankit Kumar @ Jattu Kumar. According to the case of prosecution, on 12.09.2024, he left his house and did not return to the house and his dead body was found lying in the campus of RBI brick-kiln (Itta Bhatta) along with his motorcycle. Brother of the deceased lodged the F.I.R. on basis of which, offence has been registered. During course of investigation, on the basis of statement of co-accused, Abhishek Kumar, present applicant has been arrested.

4. Learned counsel for the petitioner would submit that the petitioner is innocent and has falsely been implicated in this case. Apart from the confessional statement of the co-accused, Abhishek Kumar, no cogent evidence is available on record against the present applicant. With regard to the confessional statement of the co-accused, Abhishek Kumar is concerned, it is submitted by the counsel that it is not an admissible evidence. No recovery has been made from the present applicant. He further submits that one of the co-accused namely, Mithun Kumar has already been granted benefit of bail by a co-ordinate Bench of this Court vide order dated 22.03.2025 in Cr. Misc. No. 88083 of 2024, therefore, on there grounds, it is prayed that the present applicant may also be granted the benefit of bail.

5. Learned A.P.P. for the State opposed the argument made by the learned counsel for the petitioner and submitted that as per the contents of para-12 of the case diary immediately before the incident, present applicant was seen near the place of occurrence, therefore, on this ground, this application may be rejected.

6. Considering the submission put-forth by the learned counsel for the petitioner, particularly, considering the material collected during investigation against the applicant, I am of the view that it is a case where the applicant should be granted the benefit of regular bail. Accordingly, this petition is allowed. Let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Sabour P.S. Case No. 329 of 2024.

Disclaimer: Curated by HT Syndication.