Aman Kumar @ Aman Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18516 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== Aman Kumar @ Aman Patel, Male, aged about 20 years, S/O Sunil Kumar, Resident of Village- Tajpur, Singhara, P.S.- Maner, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shivanand Singh, 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 :
Mr. Ramchandra Sahni, 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 unknown miscreants are alleged to have attacked his son with lathi, danda, iron rod and bricks, due to which, he died. They were also abusing him with caste name.
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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 Chandan Yadav @ Aditya Raj. Except the confessional statement of the coaccused Chandan Yadav @ Aditya Raj, there is no other substantive evidence to suggest the implication of the petitioner in the present case. It is further submitted that the petitioner was not present at the place of occurrence. The relationship between the petitioner and the deceased was not good, hence, this is the reason, he is being trapped in the present case. The charge sheet has been submitted against the petitioner.
There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The other co-accused person, 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 30.05.2024.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the
3/4 petitioner and have submitted that the petitioner and other coaccused persons have brutally assaulted the deceased with lathi, danda, iron-rod and bricks, as a result of which, he died. Learned counsel for the informant refers paragraph no. 77 of the case diary in which the petitioner has confessed his guilt and also refers paragraph no. 25 of the case diary in which the coaccused person Chandan Yadav @ Aman Patel has disclosed the name of the petitioner. The statement of the witness Ravi Ranjan has been recorded under Section 161 of the Cr.P.C., the restatement of the informant has been recorded in paragraph no. 32 of the case diary and the statement of the other witnesses have also been recorded in paragraph nos. 33, 86 and 91 of the case diary in which they 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
4/4 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.
(II) The petitioner is directed to co-operate in the trial.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T