Azad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14417 of 2026 Arising Out of PS. Case No.-209 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== Azad Kumar Son of Ashok Paswan Resident of Village - Pakri, P.S.- Punpun, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajit Ranjan, Advocate Ms. Nikita Mittal, Advocate For the State :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1) and 238 of the B.N.S..

3. As per prosecution case, son of informant was found dead near bridge at Mahuli channel. Informant suspects that his son was killed by his friends, including this petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Informant is not an eye witness to the occurrence and whole prosecution case is based only on suspicion. Even during investigation, no material has come to show the complicity of this petitioner in the alleged offence except the confessional

Patna High Court CR. MISC. No.14417 of 2026(2) dt.10-04-2026 2/2 statement of co-accused persons before the police, which has no evidentiary value and no incriminating article has been recovered from possession of this petitioner. It is further submitted that similarly situated co-accused person has already been granted bail by this Hon'ble Court vide order dated 02.12.2025 passed in Cr. Misc. No. 82828 of 2025. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 18.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity, period of custody and clean antecedents of the petitioner, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Patna in connection with Parsa Bazar P.S. Case No. 209 of 2025.

(Prabhat Kumar Singh, J) shashank/- U T