Shrawan Kumar @ Shrawan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3403 of 2025 Arising Out of PS. Case No.-202 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Shrawan Kumar @ Shrawan Thakur, S/o Shivnandan Thakur, Resident of Village- Bhanwara Tola Sindubari, Ward No.-15, P.S.-Gwalpara, DistrictMadhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bambahadur Jha, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-01-2025

1. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Gwalpara P.S. Case No. 202 of 2022 registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 05.11.2024.

4. The allegation against the petitioner is to commit murder of son of the informant alongwith other co-accused persons by causing firearm injuries after calling him outside

Patna High Court CR. MISC. No.3403 of 2025(2) dt.23-01-2025 2/3 from his house.

5. Learned Counsel appearing on behalf of the petitioner submitted that name of the petitioner transpired during the course of investigation out of suspicion arising from confessional statement of co-accused, namely, Abaren Kumar, in furtherance of which, no incriminating material appears recovered/surfaced during the course of investigation, which may connect petitioner prima facie with present occurrence of murder. It is submitted that deceased himself was a man of criminal antecedent and was operating a criminal gang, which mainly found involved in loot and robbery. It is also pointed out that similarly situated coaccused, namely, Dhruv Kumar Mandal @ Dhruv Mandal @ Uday Kumar has already granted bail by this Court through Cr. Misc. No. 33382 of 2024 dated 19.07.2024. While concluding the argument, it is submitted that the petitioner is a man of clean antecedent.

6. Learned APP opposes the prayer of bail.

7. Considering the aforesaid facts and circumstances and by taking note of fact, as save and except

Patna High Court CR. MISC. No.3403 of 2025(2) dt.23-01-2025 3/3 suspicion arising out of confessional statement of co-accused Abaren Kumar, nothing prima facie appears during course of investigation, as to connect petitioner with the present occurrence of murder, who is a man of clean antecedent, where petitioner is in custody since 05.11.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Gwalpara P.S. Case No. 202 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Udakishunganj/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. /Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T