Dilkhush Kumar @ Prem Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9025 of 2025 Arising Out of PS. Case No.-855 Year-2023 Thana- BANKA District- Banka ====================================================== Dilkhush Kumar @ Prem Kumar S/O Pramod Das R/O Village- Vijaynagar, Police Station- Banka, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with S.T. No. 424/2024 arising out of Banka P.S. Case No. 855/2023 dated 30.12.2023, instituted for the offence punishable under Sections 302, 201, 120(B) of the Indian Penal Code.
3. As per the FIR, the informant's son had gone to attend a birthday party but did not return. When the informant started searching his son, he came to know that his son was hanging on a tree with a rope in his neck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.9025 of 2025(3) dt.15-05-2025 2/3 case. It is further submitted that FIR has been lodged against unknown persons. It is also submitted that the name of petitioner has been dragged in this case only on the basis of confessional statement of co-accused Rahul Kumar Poddar. It is further submitted that during investigation from the CCTV footage it is revealed that co-accused Rahul Kumar, Badal Kumar and deceased were riding on a motorcycle on the date of occurrence which was identified by the informant himself. Petitioner is nowhere in the CCTV footage. There is no material against the petitioner except the confessional statement of coaccused Rahul Kumar Poddar and Badal Kumar. Lastly, it has been submitted that the petitioner is in custody since 30.07.2024 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner 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 Additional Sessions Judge-IV, Banka/ Successor Court, Banka in S.T. No. 424/2024
Patna High Court CR. MISC. No.9025 of 2025(3) dt.15-05-2025 3/3 (arising out of Banka P.S. Case No. 855/2023). (Khatim Reza, J) Sankalp/- U T