Patna High CourtCR. MISC./38282/2024dismissed

Samir Kumar @ Kundan Kumar v. The State Of Bihar

2025-01-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38282 of 2024 Arising Out of PS. Case No.-517 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== 1.

Samir Kumar @ Kundan Kumar son of Dukhi Bhokta Village- Nimmidih Ps- Madanpur Dist- Aurangabad 2.

Anil Kumar son of Dukhi Bhokta Village- Nimmidih Ps- Madanpur DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh For the State :

Mr. Shyam Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-01-2025 Heard learned senior counsel for the petitioners Shri Krishna Pd. Singh and learned APP for the State.

2. The petitioners seek bail in connection with Madanpur P.S. Case No. 517 of 2023 registered for the offence under Section 302, 201, 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's son Mahendra Yadav (deceased) was in a relationship with Sanju Kumari, which infuriated the petitioners. The petitioners along with other accused persons assaulted the son of the informant by means of fists, slap and sticks due to which he fainted and later succumbed to injury.

Patna High Court CR. MISC. No.38282 of 2024(6) dt.28-01-2025 2/2

4. Learned counsel for the petitioners submits that the petitioners are a person of clean antecedent and they have not committed any overt act. He further submits that the petitioners were not present at the place of occurrence. Learned counsel for the petitioners also submits that the petitioners are in custody since 04.12.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail and submitted that the name of the petitioners transpired during the investigation in a confessional statement made by one of the co-accused who participated in killing of Mahendra Yadav.

6. Considering the serious allegation levelled against the petitioners and the manner of murder, I am not inclined to grant bail to the petitioners.

7. Accordingly, this application for regular bail stands dismissed.

(Sandeep Kumar, J) Vikas/- U