Patna High CourtCR. MISC./34805/2025bail rejected

Abhishek Kumar Ram @ Abhishek Kumar v. The State Of Bihar

2025-07-30Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34805 of 2025 Arising Out of PS. Case No.-36 Year-2024 Thana- DURAULI District- Siwan ====================================================== Abhishek Kumar Ram @ Abhishek Kumar S/O Dharamraj Ram Resident of Village- Agasada, P.S.- Darauli, Distt-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Darauli P.S. Case No. 36 of 2024 dated 03.02.2024 registered for the offences punishable u/s 302, 120B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, while the informant's son (Sudish Yadav) was feeding the animal at his house, in the meantime, the petitioner took him to his door where the other co-accused persons were standing. It is further alleged that all the accused persons started assaulting him and the petitioner stabbed with knife on his chest due to which he succumbed to the injuries. The reason for the alleged offence is that the

Patna High Court CR. MISC. No.34805 of 2025(2) dt.30-07-2025 2/3 petitioner had taken Rs. 80,000/- from the deceased.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The charge-sheet has already been submitted against the petitioner. There is general and omnibus allegation against 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 in this case since 04.02.2024. The co-accused persons have already been granted regular bail by this Court vide order dated 18.09.2024 passed in Cr. Misc. No. 62150 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the specific allegation of stabbing on the chest of the informant's son by means of knife is against the petitioner as a result of which he succumbed to the injuries. It is further submitted that the cause of death is due to heamorrhage and shock caused by sharp pointed object, as per para-32 of the case diary, mentioned in the impugned order dated 02.04.2025. As per para-3, 4, 5 and 10 of the case diary, all the witnesses have supported the prosecution case.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.34805 of 2025(2) dt.30-07-2025 3/3 of the case as well as the specific and heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Darauli P.S. Case No. 36 of 2024, pending in the Court of learned District & Additional Sessions Judge-Vth, Siwan.

7. The application stands rejected and the learned trial court is directed to expedite the trial of the petitioner and conclude the same at the earliest.

(Chandra Prakash Singh, J) shivam/- U T