Aryan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18000 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== Aryan Kumar, Male, aged about 20 years, Son of Shyam Kishor Sinha, Resident of Village - Bagha, P.S.- Ghorasahan, Dist.- East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sangeet Deokuliar, Advocate For the Informant : Mr. P.N. Shahi, Sr. Advocate, Mr. Kumar Shanu, Advocate, Mr. Kumar Abhishek, Advocate, Mr.
Shubham, Advocate and Mr. Amit Anand, Advocate For the State :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner, learned senior counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sultanganj P.S. Case No. 214 of 2024 dated 27.05.2024 registered for the offences punishable under Sections 341, 323, 337, 338, 307, 120B and 302 read with Section 34 of the I.P.C.
3. As per the prosecution case, when the informant's son, Harsh Raj, went to appear in the last examination at Patna Law College, and after the examination was over, some
2/4 unknown miscreants are alleged to have attacked on his son with lathi, danda, iron rod and bricks, due to which, he died. They were also abusing him with caste name.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the F.I.R. has been lodged against unknown. His name has surfaced in the present case on the basis of the confessional statement of the co-accused. The informant is not an eye witness to the alleged offence. The petitioner is a student and studies and lives in the same premises/hostel and known to other students but none has identified him and took his name at the time of giving information to the informant or at the time of recording of fardbeyan of the informant. He has no concern with the alleged offence. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The charge sheet has been submitted in the present case.
It is further submitted that the other co-accused person, namely, Chandan Yadav @ Aditya Raj has already been granted bail by a Bench of this Court vide Cr. Misc. No. 78721 of 2024 under order dated 25.03.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 18.06.2024.
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5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner and have submitted that the petitioner and other coaccused persons have brutally assaulted the deceased with lathi, danda, iron-rod and bricks leading to his death. Learned counsel for the informant refers several paragraph nos. 25, 77, 32, 33, 86, 91 of the case diary in which the other co-accused persons, the witnesses as well as the informant have supported the prosecution case.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City, Patna in connection with Sultanganj P.S. Case No. 214 of 2024 with further conditions:- (I) The petitioner 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 bonds of the petitioner are liable to be cancelled.
4/4 (II) The petitioner is directed to co-operate in the trial.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T