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HIGH COURT OF PATNA
Mr. Justice A. M. Badar
VICKKY KUMAR – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./29690/2021
In circumstantial evidence cases, the prosecution must establish all circumstances that cumulatively infer the guilt of the accused.
Headnote:
BAIL - MURDER - CIRCUMSTANTIAL EVIDENCE - LAST SEEN THEORY - NO OTHER INCRIMINATING EVIDENCE - BAIL GRANTED
Fact of the Case:
The applicant was arrested for the murder of Pintu Kumar. The prosecution's case was based on circumstantial evidence, primarily the last seen theory. The applicant and other co-accused had taken the deceased for a party, and his body was found with fatal wounds the next morning.
Finding of the Court:
The court found that there was no other incriminating evidence against the applicant apart from the last seen theory. The applicant had no criminal antecedents, and a co-accused had already been released on bail.
Issues: Whether the applicant should be granted bail in a murder case based on circumstantial evidence, primarily the last seen theory, with no other incriminating evidence.
Ratio Decidendi: In cases based on circumstantial evidence, the prosecution must establish all circumstances that cumulatively infer the guilt of the accused. In this case, the prosecution failed to provide sufficient evidence beyond the last seen theory to connect the applicant to the crime.
Final Decision: The court granted bail to the applicant, subject to certain conditions.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29690 of 2021
Arising Out of PS. Case No.-291 Year-2020 Thana- KHARHAGPUR District- Munger
======================================================
Vickky Kumar, S/O Late Ram Bilash Singh, R/o village- Karngarh, P.S.-
Gangata, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Sanjeev Ranjan, Advocate
For the Informant
Mr. Kaushal Kumar Jha, Advocate
For the Opposite Party/s :
Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE A. M. BADAR
ORAL ORDER
3
03-01-2022
The applicant/accused in Crime No. 291 of 2020
registered with Haweli Kharagpur Police Station for the offences
punishable under Sections 302, 201 and 120(B) r/w Section 34 of the
Indian Penal Code, by this application is seeking his release on bail
after filing of the charge sheet.
Heard the learned counsel appearing for the
applicant/accused. He submits that except the last seen theory, there
is no other evidence to connect the applicant in this offence. It is
further argued that the applicant is not having any criminal
antecedent. He submits that the co-accused Dharambir Kumar @
Karambir Bharti is released on bail as per order of this Court.
The learned Prosecutor opposed the application by
contending that the deceased was taken by the accused persons
including the applicant for participation in some celebration and
Patna High Court CR. MISC. No.29690 of 2021(3) dt.03-01-2022
2/4
during night hours, he was done to the death. Similar submission
are advanced by the learned counsel for the first informant.
I have considered the submissions so advanced and also
perused the entire case diary.
The case of the prosecution is based on circumstantial
evidence. It is trite that in such cases, the prosecution is enjoin to
establish all circumstances which should have cumulative effect of
inferring the guilt and only the guilt of the accused in the subject
crime.
Gunja Devi-widow is the first informant in the instant
case. Her husband Pintu Kumar died homicidal death and the dead
body was recovered on 25.10.2020. The first informant Gunja Devi
as well as her relatives are unanimous in stating that the applicant
as well as other co-accused had been to the house of deceased, they
gave some amount to the deceased and took the deceased with them
for having a party. This happened at about 7.30 P.M. on 24.10.2020.
Dead body of Pintu Kumar was found with fatal wounds at 6 A.M.
at 25.10.2020.
During the course of investigation, the prosecution has
collected call details records of the deceased Pintu Kumar. It is seen
that he had talked with several persons during that night. I am
unable to locate the statements of those persons with whom the
deceased had talked during that night. Statement of Pawan Kumar
reflects some illicit relations of the deceased Pintu Kumar with
Patna High Court CR. MISC. No.29690 of 2021(3) dt.03-01-2022
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sister of his friend. Except the last seen theory, there is no other
circumstances reflected from the papers of investigation to infer
complicity of the applicant in the subject crime. There is no
recovery or discovery at the instance of the applicant. The applicant
is not having any criminal antecedent. Co-accused Dharambir
Kumar @ Karambir Bharti is already released on bail by this Court
vide order dater dated 15.12.2021 passed in Criminal Misc. No.
25425 of 2021. In this view of the matter, further pre-trial detention
of the application is not warranted and therefore, the order :-
i. The application is allowed.
ii. The applicant/accused in Crime No. 291 of 2020
registered with Haweli Kharagpur Police Station for the offences
punishable under Sections 302, 201 and 120(B) r/w Section 34 of the
Indian Penal Code be released on bail on executing P.
