Bajrangi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26423 of 2025 Arising Out of PS. Case No.-421 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== Bajrangi Kumar Son of Rajendra Prasad @ Rajendra Ravani Resident of Nagla, PS -Malsalami, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Sinha, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2025 Heard Mr. Saurabh Sinha, learned counsel for the petitioner as well as Mr. Ajit Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 29.07.2024 in connection with Chowk P.S. Case No. 421 of 2020, F.I.R. dated 17.12.2020 for the offences punishable under Sections 302, 364, 201/34 of the Indian Penal Code.
3. According to prosecution case, the informant alleged that on 13.12.2020, his son was taken away by his friend Sonu Kumar and Banti Kumar but after sometime when he did not return his house, in the night, informant started to search him but he could not be traced out. On 17.12.2020, the informant got information that the petitioner along with other accused persons have murdered his son.
4. Learned counsel for the petitioner submits that petitioner
Patna High Court CR. MISC. No.26423 of 2025(3) dt.20-06-2025 2/3 is innocent and he has falsely been implicated in the present case merely on the basis of confessional statement of co-accused person, namely, Kallu Kumar and thereafter, the petitioner has also confessed his guilt in the present occurrence and except the aforesaid there is no other cogent material which suggest the involvement of petitioner in the present occurrence and similarly situated co-accused person, namely, Sonu Kumar has been granted bail by this Court vide order dated 26.04.2022 in Cr. Misc. No. 62539 of 2021 and other coaccused person, namely, Banti Kumar has been granted bail by coordinate Bench of this Court vide order dated 17.02.2023 in Cr. Misc. No. 55750 of 2022 and the police after investigation has submitted charge-sheet. The petitioner is in custody since 29.07.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances and the fact that the name of the petitioner transpired on the basis of confessional statement of co-accused person and similarly situated co-accused persons have been granted the privilege of bail, let the petitioner, above named, be released 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 A.C.J.M-VI, Patna City in
Patna High Court CR. MISC. No.26423 of 2025(3) dt.20-06-2025 3/3 connection with Chowk P.S. Case No. 421 of 2020, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T