Parshant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16463 of 2025 Arising Out of PS. Case No.-144 Year-2024 Thana- ROSERA District- Samastipur ====================================================== Parshant Kumar Son of Sakaldev Yadav Resident of Village- Marra Jeev, P.S.- Rosera, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Rosera P.S. Case No. 144 of 2024 dated 25.06.2024, instituted for the offence punishable under Sections 302, 201 of the Indian Penal Code and Sections 25(1-B)(a), 26, 27, 35 of the Arms Act.

3. The prosecution case, in short, is that the informant got information that his brother has been murdered by unknown miscreants by means of firearms and his dead body was thrown in Datha Chour.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the F.I.R. has been lodged against unknown persons and only on the basis of self

Patna High Court CR. MISC. No.16463 of 2025(2) dt.19-03-2025 2/3 confessional statement, the petitioner has been made accused in this case. It is further submitted that three persons including the petitioner were apprehended on the basis of C.D.R. they confessed their guilt and on that basis, the name of the petitioner has been dragged in this case. It is next submitted that as per the F.I.R., the date of occurrence is said to be 22.06.2024, postmortem report was commenced on 23.06.2024 at 12:10 am in the night and the F.I.R. has been lodged on 25.06.2024 after cremation of deceased body. There is no eye witness to the alleged occurrence. No other material has been brought against the petitioner except his confessional statement.

It is further stated that similarly situated co-accused person namely, Sushil Kumar Mahto and Prabhakar Kumar have been granted bail vide order dated 22.01.2025 and 31.01.2025 passed by this court in Criminal Miscellaneous No. 81923 of 2024 and 86201 of 2024 respectively. Lastly, it has been submitted that the petitioner is in custody since 12.08.2024 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let

Patna High Court CR. MISC. No.16463 of 2025(2) dt.19-03-2025 3/3 the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- 1st Rosera, District- Samastipur in Rosera P.S. Case No. 144 of 2024.

(Khatim Reza, J) Sankalp/- U T