Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29487 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Akash Kumar S/o Sri Ashok Kumar Resident of Nala Road Lohiya Nagar, Ward No. 28, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mr. Ritwik Thakur, Adv.
Ms.Vaishnavi Singh, Adv.
Mr. Mudit Meet, Adv.
For the Opposite Party/s :
Mr. Dinkar Kumar, Adv.
Mr. Shambhu Sharan Kumar, Adv.
for the State : Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Muffasil P.S. Case No. 11 of 2025 dated 09.01.2025 registered for the offences punishable u/ss 103(1), 238, 61(2) read with Section 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, the accused persons named in the F.I.R. along with some unknown persons are alleged to have committed murder of the informant's son by firing gunshot under conspiracy and thereafter, they threw the
Patna High Court CR. MISC. No.29487 of 2025(3) dt.06-08-2025 2/3 dead body of the deceased in the field.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case during the course of investigation. There is no specific allegation against the petitioner rather the specific allegation of committing murder of the informant's son is against the co-accused persons namely, Sumit Vijay Singh, Lalit Vijay Singh and Rahul Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.01.2025.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner and submitted that the petitioner and the co-accused persons committed murder of the informant's son under conspiracy. Learned counsel has further submitted that as per para 27 of the case diary, the T-shirt of the deceased was found in the house of the petitioner. As per the post-mortem report of the deceased, the death was due to neurogenic and haemorrhagic
Patna High Court CR. MISC. No.29487 of 2025(3) dt.06-08-2025 3/3 shock caused by firearm.
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, Begusarai in connection with Begusarai Muffasil P.S. Case No. 11 of 2025 with the condition :- (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.
(ii) The petitioner is directed to cooperate in the trial before the learned court below.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T