Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20299 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- TURKI KHARARU DistrictMuzaffarpur ====================================================== Kamlesh Kumar @ Kamlesh Rai S/O Ramvriksh Rai R/O Village- Chhajan, Nath Nagar, P.S.- Turki, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2025 Learned counsel for the petitioner is permitted to make necessary correction/s in the name of the petitioner in course of the day.

2. In view of the above, Office is directed to correct/update the name of the petitioner in the cause title.

3. Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

4. The petitioner seeks bail in connection with Sessions Trial No. 32 of 2025 arising out of Turki P.S. Case No. 179 of 2024 instituted for the offences under Sections 103(1), 238, 61(2) of the Bharatiya Nyaya Sanhita, 2023.

5. Prosecution case, in short, is that accused persons including the petitioner have committed the murder of the

Patna High Court CR. MISC. No.20299 of 2025(3) dt.10-07-2025 2/3 informant's brother.

6. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that except suspicion, there is no material against the petitioner. He further submitted that police, after investigation submitted charge-sheet under Sections 108, 238, 61(2) of the BNS. Learned counsel further submitted that, as a matter of fact, the deceased himself committed suicide. It is further submitted that petitioner never instigated the deceased to commit suicide nor there is any suicide note to substantiate the claim. It is further submitted that as per post-mortem report, deceased died due to asphyxia as a result of hanging. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.09.2024 and has no criminal antecedent.

7. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

8. Considering the aforesaid facts and circumstances of the case, material available in the case diary as also the period of custody undergone by the petitioner, this Court is

Patna High Court CR. MISC. No.20299 of 2025(3) dt.10-07-2025 3/3 inclined to grant bail to the petitioner.

9. 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 Sessions Trial No. 32 of 2025 arising out of Turki P.S. Case No. 179 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T