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Patna High CourtCR. MISC./14322/2025bail granted

Balram Prasad @ Balram Gupta v. The State Of Bihar

2025-06-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14322 of 2025 Arising Out of PS. Case No.-368 Year-2024 Thana- BUDDHACOLONY District- Patna ====================================================== Balram Prasad @ Balram Gupta S/o- Late Raghunath Prasad R/o- Court Bazar W.No-9, Ps- Sitamarhi Dist- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14408 of 2025 Arising Out of PS. Case No.-368 Year-2024 Thana- BUDDHACOLONY District- Patna ====================================================== Yashraj S/o- Late Pavan Kumar @ Pawan Singh R/o Mohalla- Kot Bazar P.STown District- Sitamarhi ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 14322 of 2025) For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Raj Ballabh Singh (In CRIMINAL MISCELLANEOUS No. 14408 of 2025) For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-06-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Budha Colony P.S. Case No. 368 of 2024 dated 10.08.2024 registered for the offences punishable u/ss 103, 305, 61(2) read with section 3 (5) of the BNS.

3. As per the prosecution case, the co-accused persons along with the other unknown miscreants are alleged to have

Patna High Court CR. MISC. No.14322 of 2025(3) dt.18-06-2025 2/3 killed the informant's son under conspiracy and looted the jewellery and other articles from his house and fled away.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the FIR. The name of the petitioners has sprung up in the confessional statement of the accused Yash Raj Gupta. Nothing has been recovered from the conscious possession of the petitioners. It is further submitted that there is nothing except confessional statement. The petitioner, namely, Balram Prasad has no criminal antecedent and the petitioner, namely, Yashraj, has two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 21.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that as per para 50 of the case diary, the petitioner, Yashraj, himself confessed his involvement in the crime alleged and at his instance, the said stolen jewellery was recovered from his room.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, namely, Balram Prasad @ Balram Gupta, above-named, is directed to be enlarged on bail on furnishing bail-bond of

Patna High Court CR. MISC. No.14322 of 2025(3) dt.18-06-2025 3/3 Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Budha Colony P.S. Case No. 368 of 2024, with the condition/s:- (i). The petitioner namely, Balram Prasad @ Balram Gupta, is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application for the petitioner, namely, Balram Prasad @ Balram Gupta stands allowed.

8. So far as, the petitioner, namely, Yashraj, is concerned, considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner , I am not inclined to enlarge the petitioner on bail.

9. Accordingly, the application regarding petitioner namely, Yashraj stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T