Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16516 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- PUNPUN District- Patna ====================================================== Anand Kumar S/O- Dilip Bhagat @ Biribhagat Resident of Village- Akbarpur, Sorampur PS- Naubatpur District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Kumar Suman, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP For the Informant :

Mr. Saroj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seek bail in connection with Punpun P.S. Case No. 197 of 2024 instituted for the offences under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Accusation against the accused persons including the petitioner is of being involved in committing murder of the deceased.

4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in the present case at the instance of his enemies in collusion with the police. Petitioner is not named in the F.I.R. The name of the petitioner has

Patna High Court CR. MISC. No.16516 of 2025(5) dt.07-07-2025 2/3 transpired in this case during investigation only on the basis of confessional statement of Sunny Kumar recorded before the police which has no evidentiary value in the eye of law and, except confessional statement, there is nothing adverse against the petitioner in the entire record of the case. Learned counsel further submitted that there is no material against the petitioner to show the involvement of petitioner in the alleged commission of murder of the deceased. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. It is next submitted that petitioner has no criminal antecedent and is in custody since 19.07.2024. Learned counsel for the petitioner again submits that the co-accused namely Rajeeve Ranjan, Sanjay Kumar and Amod Kumar have been granted bail by this Court vide common order dated 17.02.2025 passed in Cr. Misc. No 79594 of 2024 and other analogous cases.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. Learned APP further submitted co-accused Sunny Kumar in his confessional statement has taken the name of the petitioner of being involved in the alleged offence and, hence,

Patna High Court CR. MISC. No.16516 of 2025(5) dt.07-07-2025 3/3 he does not deserve bail.

6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioner to show his involvement in the commission of murder of the deceased as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Punpun P.S. Case No. 197 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T