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Patna High CourtCR. MISC./8958/2025dismissed

Jokhu Prasad @ Jakhu Prasad @ Jitendra Prasad @ Jitendra Kumar v. The State Of Bihar

2025-05-16Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8958 of 2025 Arising Out of PS. Case No.-253 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Jokhu Prasad @ Jakhu Prasad @ Jitendra Prasad @ Jitendra Kumar S/o- Late Harbansh Lal Prasad Resident of village- Narulaha PS- Sangrampur DistrictEast Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Kumar Pandey For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-05-2025 Heard the learned counsel for the parties.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 103, 3(5), and 61(2) of the B.N.S. in connection with Sangrampur P.S.Case No. 253 of 2024.

3. The informant is the mother of the deceased Sima Devi. She states in her fardbayan that in the intervening night of 03-04.10.2024, co-accused Baban Sharma, Jokhu Prasad @ Jitendra Prasad (petitioner), Vikas Kumar, Vinti Devi, Kanhaiya @ Rajendra Kumar Singh and Pintu Kumar Singh committed murder of her daughter by firing shot on her due to land dispute.

Patna High Court CR. MISC. No.8958 of 2025(3) dt.16-05-2025 2/3

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He is not party to the transaction of sale between the deceased and other accused persons. As a matter of fact, the deceased had executed a sale deed in favour of co-accused Vikas Kumar and his wife Vinti Devi and the petitioner has no concern with that land transaction. He has submitted further that except the confessional statement of the petitioner and the co-accused, there is nothing against him.

5. On the other hand, Mr. J.N.Thakur, learned APP for the State has submitted that the deceased Sima Devi had executed a sale deed in favour of Vikash Kumar and his wife Vinti Devi and from perusal of the confessional statement of Vikash Kumar and this petitioner, it appears that he was involved in that land transaction and his brokerage was due and he had apprehension that Sima Devi might have favoured her Devar Kanhaiya Prasad in civil suit and this way there was apprehension in the minds of the petitioner and co-accused Vikas Kumar that the land purchased by them would be disturbed. The petitioner has confessed his guilt and his involvement in the alleged occurrence.

6. Considering the above facts and circumstances and

Patna High Court CR. MISC. No.8958 of 2025(3) dt.16-05-2025 3/3 in view of the allegation levelled against the petitioner, I am not inclined to grant the petitioner the privilege of bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) HR/- U T