Anmol Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4838 of 2025 Arising Out of PS. Case No.-20 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Anmol Kumar, Son of Putush Singh R/o village- Barauni -1, Tola - Rasalpur, Ward No.11, P.S - Teghra, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP For the Informant :

Mr. Ashhar Mustafa, Advocate Mr. Ashish Kumar Ranjan, Advocate Ms. Anita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-09-2025 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing for the informant.

2. The petitioner seeks bail in connection with Teghra P.S. Case No. 20/2024, registered for the offence under Sections 341, 324, 326, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 03.06.2024.

4. As per FIR, allegation against the petitioner is to commit murder of the husband of the informant by causing firearm injury alongwith other co-accused persons. It is also alleged that petitioner alongwith co-accused persons assaulted the husband of the informant by using sharp edged cut weapons also, consequent

2/4 upon the husband of the informant died on the spot.

5. Learned Counsel appearing on behalf of the petitioner submitted that from the perusal of FIR, it can be gathered safely that informant projected herself as an eye-witness of the occurrence, whereas she is not so, for the reason that she raised her suspicion regarding involvement of the petitioner with crime in question alongwith other co-accused persons. It is submitted that except suspicion, nothing incriminating appears during investigation, which may connect petitioner prima facie with present occurrence of murder. It is pointed out that while petitioner was in custody, his father was shot dead by the informant's side and due to previous enmity, he implicated with present case.

While concluding the argument, it is submitted that investigation of this case is already completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. It is also pointed out that despite of custody of petitioner for more than one year and three months, only two prosecution witnesses out of thirteen were examined and, therefore, it can be safely said that trial of this case is not likely to conclude in near future. Petitioner found involved in three more petty nature of cases like excise etc., where he is on bail.

6. Learned APP opposed the prayer of bail.

3/4

7. Mr. Ashhar Mustafa, learned counsel appearing for the informant, while opposing the prayer of bail submitted that the petitioner confessed his guilt before the police but he fairly conceded that the allegation of firing is available against coaccused persons as per his confession, whereas it is submitted that this petitioner assaulted the husband of the informant by sharp edged cut weapon, as per his confession, however, learned counsel appearing for the informant could not disputed the aforesaid factual submission as advanced by learned counsel appearing for the petitioner.

8. Considering the aforesaid factual submissions and by taking note of fact as prima facie except suspicion arising out of previous enmities and confessional statement of petitioner, nothing incriminating appears during investigation as to connect him prima facie with present occurrence of murder, coupled with the fact that trial of this case is not likely to conclude in near future as discussed aforesaid, where petitioner remains in custody since 03.06.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Teghra P.S. Case No. 20/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate

4/4 Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

9. Pending petitions, if any, shall be disposed of. (Chandra Shekhar Jha, J) veena/- U T