Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23542 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- KUMAR KHAND District- Madhepura ====================================================== Pawan Kumar S/o Bhupendra Yadav R/o Vill- Shivnagar Jamu Ward No. 8, P.S.- Kumarkhand (Belari O.P), Dist- Madhepura ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 435, 302/34 of the Indian Penal Code .

3. As per the prosecution case, on 14.04.2024 when informant was at home, suddenly she heard hulla, then she saw that some persons of her gotia, namely, Bhupendra Yadav, Jai Krishna Yadav Pawan Kumar (petitioner), Pradeep Kumar, Pamkaj Kumar, Mister Kumar and Binod Yadav @ Khokha Yadav were assaulting Nunulal Yadav with sharp weapon. Coaccused Bhupendra Yadav was burning the wheat field with match box and fire spread in whole field. It is further alleged that when husband of informant tried to save Nunulal Yadav, then all accused persons started assaulting him as a result of which he fell down on the ground. Husband of the informant was taken to the hospital where he died.

4. Learned counsel appearing for the petitioner submits that as per the FIR, total seven accused persons assaulted the deceased with sharp cutting weapons but post

Patna High Court CR. MISC. No.23542 of 2025(2) dt.16-05-2025 2/2 mortem report opines that there was only one injury on the dead body, which falsifies the prosecution case. Allegation of assault is general and omnibus against this petitioner and no specific overt act has been alleged against him. Petitioner claims clean antecedent. Charge sheet has already been filed. Petitioner is in custody since 28.8.2024. Co-accused, with similar allegation, has already been allowed pre-arrest bail by this Court vide order passed in Cr.Mis.No. 78861/2024 (paragraph 19 of the bail petition).

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case as well as period of custody and other circumstances of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Madhepura in connection with Kumarkhand (OP belari ) Police Station Case No. 115 of 2024.

(Prabhat Kumar Singh, J) Shashi U T