Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36765 of 2025 Arising Out of PS. Case No.-397 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Aman Kumar S/O Manoj Kumar Resident of Village- Lodipur, P.SNaubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 397 of 2024 instituted for the offence under Sections 126(1), 118(1), 109, 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. 3.

The prosecution case is that on 18.07.2024, while returning from Naubatpur Market, Chiku and one Abhishek @ Pappu were shot dead by unknown miscreants. The informant alleged prior disputes with Bhura Baba, Bhuta Gosai and others, who had earlier threatened to kill his son.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-12-2024. Petitioner

Patna High Court CR. MISC. No.36765 of 2025(3) dt.18-08-2025 2/3 bears one criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case during investigation and on the basis of his self-confessional statement recorded in connection with Naubatpur PS Case No. 489 of 2024, which has no evidentiary value in the eye of law. There is no cogent material against the petitioner to establish his role in the alleged occurrence. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is contended that the present one is the case of double murder. As per confessional statement of the petitioner, it is revealed that it is the petitioner who called the son of the informant and coaccused Raj Kumar shot fire. As per postmortem report, cause of death is due to head injury, asphyxia and hemorrhagic shock as a result of firearm injuries.

7.

Considering the aforesaid facts and circumstances of the case, there being involvement of the petitioner in the alleged occurrence as a conspirator as also the nature and

Patna High Court CR. MISC. No.36765 of 2025(3) dt.18-08-2025 3/3 gravity of the offence, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T