Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34611 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- SHERGHATI District- Gaya ====================================================== Rajesh Kumar S/O Late Brajkishore Prasad @ Brijanandan, R/O Vill. and Post- Derghara, P.S.- Rahui, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Nayan, Advocate For the State :
Mr. Anil Kumar, APP For the Informant :
Mr. Rajive Ranjan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sherghati P.S. Case No. 97 of 2025 dated 25.02.2025, registered for the offences punishable under Sections 108 and 3(5) of the B.N.S., 2023.
3. As per allegation, the petitioner has committed abatement of suicide of the deceased.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.34611 of 2025(3) dt.13-08-2025 2/3 case. He further submits that deceased was a constable and petitioner is also a constable, but he was posted at different place at that time and hence, there is no question of any abatement of the suicide of the deceased. He further submits that the petitioner has been languishing in jail since 06.03.2025.
5. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.
6. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
7. However, learned APP for the State and learned counsel for the informant vehemently oppose the prayer of the petitioner for bail submitting that the alleged offence is serious in nature and there is sufficient material on record against the petitioner and after investigation, charge-sheet has been submitted by the police under Section 108 of B.N.S., 2023 i.e. for commitment of suicide.
8. Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioner on bail at this stage
9. The petition is dismissed, accordingly.
10. However, after framing of charge, the petitioner will have liberty to renew his prayer for bail. Learned Trial
Patna High Court CR. MISC. No.34611 of 2025(3) dt.13-08-2025 3/3 Court should not delay in passing the order regarding framing of charge.
(Jitendra Kumar, J.) ravishankar/- U T