Praduman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18618 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Praduman Kumar S/O Hari Prasad @ Hari Prasad Yadav Resident of villageBhagwatipur, Police Station- Bihta, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Naubatpur P.S. Case No. 92 of 2024 dated 08.02.2024 registered for the offences punishable u/ss 302, 201 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that local Chowkidar informed the informant that the dead body of his son was recovered near Gonwa, Naubatpur. It is further alleged that the petitioner along with others had gone with the son of the informant. After considerable time, when the son of the informant did not return, the informant made call on the mobile of his son,
Patna High Court CR. MISC. No.18618 of 2025(3) dt.15-07-2025 2/3 which was switched off, after that, he received a call from Mobile No. 8521241246 that his son is with him and they have to go to attend a marriage party. The informant suspects that the petitioner along with others have killed his son.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. During course of investigation, Jitendra Kumar has given his confessional statement that the deceased was administered heavy dose of smack due to which he died. The heavy dose of the smack was administered by one co-accused namely Vakil. From perusal of the post-mortem report, it transpires that no ante-mortem injury was found on the person of the deceased. There is nothing except confessional statement against this petitioner. There is general and omnibus allegation against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 17.02.2025 passed in Cr. Misc. No. 80920 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that as
Patna High Court CR. MISC. No.18618 of 2025(3) dt.15-07-2025 3/3 per para 74 of the case diary, there is specific allegation against the petitioner and the co-accused of committing murder of the deceased by administring overdose of smack.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court concerned, Danapur, Patna in connection with Naubatpur P.S. Case No. 92 of 2024, with the following condition/s:- (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 bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T