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Patna High CourtCR. MISC./2284/2025bail granted

Tripurary Kumar v. The State Of Bihar

2025-04-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2284 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Tripurary Kumar S/O Deoki Paswan R/O Village - Jagdishpur, P.S- Jairampur, District - Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Anand, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Sarmera P.S. Case No. 143 of 2024 instituted for the offences under Sections 103, 238, 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the informant raises suspicion that the FIR named accused persons have committed the murder of her husband.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement

Patna High Court CR. MISC. No.2284 of 2025(4) dt.11-04-2025 2/2 Sumit Kumar. There is no eye-witness to the alleged occurrence. Except confessional statement of the co-accused, there is no material against the petitioner and that too, has no evidentiary value in the eye of law. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.07.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that

6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarmera P.S. Case No. 143 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T