Ram Lakhan @ Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32536 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- KOILWAR District- Bhojpur ====================================================== Ram Lakhan @ Aman Kumar, S/o Chhtradhari Singh, Resident of VillageBargahi, PS- Udwant Nagar, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-08-2025 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned APP for the State.
2. Petitioner seeks regular bail in connection with Koilwar P.S. Case No. 22 of 2025 dated 20.01.2025 registered for the offences punishable under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act.
3. The main submissions advanced by petitioner's counsel are that the petitioner is not named in the FIR and as per the allegation levelled by the deceased's brother, namely, Raja Babu, an unknown person shot dead his brother Dharmendra Kumar but the petitioner's name did not surface at that time and during the course of investigation mainly on the basis of confessional statement of co-accused Satya Prakash @ Kariya Mahto, the petitioner has been dragged and made accused in this
Patna High Court CR. MISC. No.32536 of 2025(3) dt.06-08-2025 2/3 matter. It is further submitted that the petitioner has fair and clean antecedent and has been languishing in jail since 29.01.2025 and against him, the investigation has been completed.
4. Learned APP for the State has opposed the prayer of the petitioner and referred the statement of the deceased's mother Sujanti Devi mentioned in the paragraph No. 79 of the case diary and according to her statement, she witnessed the alleged crime of murder and she revealed the name of the petitioner as being an assailant.
5. Heard both the sides and perused the FIR and the case diary of this case. The petitioner has fair and clean antecedent and during the course of argument, learned APP has not been able to point out the past enmity in between the petitioner and the deceased's family and the statement of the victim's mother under section 161 of Cr.P.C. was recorded on 06.02.2025, though she claimed herself to be an eyewitness of the occurrence and revealed the names of the assailants but why she and her another son remained mum regarding the identity of the accused at the time of lodging the FIR and in this regard, there is no explanation. Considering these aspects and mainly the petitioner's fair and clean antecedent and completion of
Patna High Court CR. MISC. No.32536 of 2025(3) dt.06-08-2025 3/3 investigation against him, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released 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 the court concerned in connection with Koilwar P.S. Case No. 22 of 2025.
(Shailendra Singh, J) annu/- U T