Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29469 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- KURSAILA District- Katihar ====================================================== Sanjay Kumar S/o Late Ramchandra Yadav R/o Village- Kurshella, Basti, Ward No. 06, P.S.- Kurshella, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 103, 352 and 3(5) of the BNS.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 07.08.2024 and the informant alleges that Vikash Kumar and Sanju Devi caught his father while Sanjay Kumar and Dhananjay Kumar assaulted the father of the informant by knife causing injury on stomach on 05.08.2024 at 11:30 p.m. leading to his death. Further, Sanjay assaulted the brother of the informant Abhijeet Kumar by knife causing injury on his stomach.

Patna High Court CR. MISC. No.29469 of 2025(2) dt.06-08-2025 2/3

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that allegation is in two parts. In the first part, it is alleged that it was this petitioner along with Dhananjay Kumar assaulted the father of the informant by knife causing injury on stomach leading to his death and in the second part it is alleged that it was this petitioner who assaulted the brother of the informant Abhijeet by knife causing injury on stomach. It is next submitted that Dhananjay in his statement recorded before the police has accepted that the father of the informant was stabbed by him, as such, the allegation against the petitioner of assaulting the father of the petitioner is not made out.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant vehemently opposed the prayer for regular bail of the petitioner. Learned counsel appearing on behalf of the petitioner submits that the allegation against this petitioner is of assaulting the brother of the informant, namely, Abhijeet by knife causing injury and the said allegation is not rebutted. It is further submitted that trial has commenced and out of seven witnesses, four witnesses have been examined, as such, no useful purpose would be served by

Patna High Court CR. MISC. No.29469 of 2025(2) dt.06-08-2025 3/3 releasing the petitioner on bail.

6. Considering the submissions made by the learned counsel appearing on behalf of the informant, the Court is not inclined to release the petitioner on bail in connection with S.T. No. 104 of 2025 arising out of Kursela P.S. Case No. 141 of 2024 pending in the Court of learned District Additional Sessions Judge-II, Katihar/Successor Court.

7. Hence, the prayer for bail is rejected.

(Satyavrat Verma, J) Kundan/- U T