IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6343 of 2021

Arising Out of PS. Case No.-79 Year-2020 Thana- KANKARBAG District- Patna

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

PREM SAGAR @ PREM SON OF LATE PARMANAND PAL R/o village-

Mohanpur, P.S.- Punpun, District- Patna, At Present Resident of Jandhari

Chowk, Mahendru Moharri Lane, P.S.- Pirbahore, District- Patna- 804453

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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

Appearance :

For the Petitioner/s

:

Mr.Surendra Kishore Thakur, Advocate

For the Opposite Party/s :

Dr. Indiwar Kumari, APP

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

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

4

18-08-2021

Heard learned counsel for the petitioner and Dr.

Indiwar Kumari, learned A.P.P for the State

Petitioner, in the present case, is seeking regular bail

in connection with Kankarbagh P.S. Case No. 79/2020

registered for the offence under Sections 302/34 of the Indian

Penal Code and Section 27 of the Arms Act, pending in the

court of Smt. Madhvi Singh, learned Judicial Magistrate - 1^st

Class, Patna.

Learned counsel for the petitioner submits that the

petitioner is not named in the First Information Report. As per

the prosecution story, one Shiv Narayan Ram who was

Professor in T.P.S. College, Patna was shot dead by some

unknown criminals. Father of the deceased who lodged the

F.I.R. claims that his son had no enmity with anyone.

Patna High Court CR. MISC. No.6343 of 2021(4) dt.18-08-2021

2/5

Learned counsel submits that the name of the

petitioner transpired in course of investigation in the

confessional statement of co-accused Dheeraj Kumar @ Dheeru

and confessional statement of the petitioner has also been

extracted in police custody.

Learned counsel further submits that co-accused

Dheeraj Kumr @ Dheeru has been granted bail by a learned co-

ordinate Bench of this Court in Cr. Misc. No. 19179 of 2021. It

is further submitted that co-accused Virendra Kumar @

Virendra Ram who happened to be the own brother of the

deceased and against whom there is allegation that because of

the illicit relationship with the wife of the deceased he had

planned the murder has also been granted bail by another

learned co-ordinate Bench of this Court in Cr. Misc. No. 22134

of 2020.

Learned counsel for the petitioner further submits that

another accused Shailendra Kumar who had allegedly acted to

help his business partner Virendra Kumar @ Virendra Ram in

getting rid of the deceased and had contacted the petitioner for

contract killing has also been granted bail by another learned co-

ordinate Bench of this Court in Cr. Misc. No. 21833 of 2020.

On the strength of the aforementioned submissions

Patna High Court CR. MISC. No.6343 of 2021(4) dt.18-08-2021

3/5

learned counsel for the petitioner claims that the case of the

petitioner is being similarly situated, the petitioner is fit to be

enlarged on bail.

Dr. Indiwar Kumari, learned A.P.P. for the State has

argued the matter with her usual vehemence and preparedness

with the case diary. She has brought to the notice of this Court

the materials which have been collected in course of

investigation and those are independent materials which have

surfaced because of some scientific investigation conducted by

the Investigating Officer of this case.

Learned A.P.P. submits that the involvement of the

petitioner is not on the basis of mere confessional statement of

the co-accused. In fact what is stated in the confessional

statement is getting support from independent materials in form

of CCTV footage of the alleged occurrence and analysis of the

CDR of the mobile phones of the accused persons involved in

this case. Thus, according to her, even if the confessional

statement is not looked into, the independent materials are