Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4030 of 2025 Arising Out of PS. Case No.-125 Year-2024 Thana- R S P.S. District- Araria ====================================================== 1.
Alok Kumar Son of Sudhir Kumar Yadav Resident of Village - Jadiya Ward no. 09, PS- Jadia, Dist- Supaul 2.
Vishal Kumar son of Harendra Yadav Resident of village - Pir Mokam, Ward no. 07, PS- Fulka, Dist- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners seek bail in connection with Araria R.S. P.S. Case No. 125 of 2024 dated 02.09.2024 registered for the offence punishable under Sections 103(i), 3(5) of the Bhartiya Nyay Sanhita and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on the alleged date of occurrence the informant's son along with his friend Akshay Sah was going for work when he got information that his son has died. When he went to Sadar Hospital, Araria, he came to know that his son was shot on the head due to which he died. The informant suspected that Akshay Sah with his other
Patna High Court CR. MISC. No.4030 of 2025(3) dt.22-03-2025 2/3 associates have killed his son.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It is submitted that the petitioners are not named in the F.I.R.. The F.I.R. has been lodged against co-accused Akshay Sah. It is submitted that during course of investigation Akshay Sah was apprehended by the police and his confessional statement was recorded, who disclosed the name of the petitioners and other co-accused persons involved in this case. It is further submitted that the deceased was a dealer of smack and during some business dispute one Saharyar is said to have killed the deceased, which is apparent from the confessional statement of co-accused persons. It is also submitted that similarly situated person, namely, Shankar Kumar has been granted bail by a coordinate Bench of this Court vide Criminal Miscellaneous No. 9018 of 2025. The petitioners are in custody since 09.09.2024, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the
Patna High Court CR. MISC. No.4030 of 2025(3) dt.22-03-2025 3/3 petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Araria R.S. P.S. Case No. 125 of 2024. (Khatim Reza, J) prabhat/- U T