Shrikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15368 of 2025 Arising Out of PS. Case No.-147 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Shrikesh Kumar Son of Late Sanoj Singh Resident of Village- Markatta, P.S.- Giriyak, District- Nalanda, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Session Trial No. 251 of 2024 arising out of Giriyak P.S. Case No. 147 of 2023 registered for the offences punishable under Sections 302, 394 and 34 of the Indian Penal Code.
3. As per the prosecution story, the informant has alleged that her husband working as a night guard in the Gawar Construction Company. On 15.03.2023, at about 06:00 P.M. he lastly talked with his son on mobile phone and thereafter, next day i.e. on 16.06.2023 she came to know that her husband was murdered by unknown persons.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.15368 of 2025(2) dt.11-04-2025 2/3 petitioner is quite innocent and has committed no offence as he has falsely been implicated in this case by police in collusion with the enemies of the petitioner due to dirty politics. The petitioner is not named in the F.I.R. neither apprehended on the spot nor his belongings found and seized from the spot. The petitioner was not present on the spot and no one has claimed to see the petitioner at the spot or near the spot as there is no eye witness of the alleged occurrence of murder. Petitioner has never confessed his guilt voluntarily rather police obtained the signature of petitioner on blank paper and subsequently recorded confession of petitioner according to their convenience.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. From perusal of this case record, it clearly transpires that the case of this petitioner has been committed and the trial is going on after framing of charge and altogether six witnesses of the prosecution have been examined. P.W. 1-Baby Devi, who is informant of this case has clearly deposed in para 8 of her statement that the petitioner has not committed murder of her husband. Petitioner is in custody since 31.03.2023. Keeping in view the aforesaid facts and considering the period under
Patna High Court CR. MISC. No.15368 of 2025(2) dt.11-04-2025 3/3 custody, let the petitioner, above named, 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 learned Additional Sessions Judge - 3rd Biharsharif at Nalanda in connection Session Trial No. 251 of 2024 arising out of Giriyak P.S. Case No. 147 of 2023.
(S. B. Pd. Singh, J) Ankit Kumar/- U T