Durgesh Kumar @ Durgesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36880 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- SRIPUR District- Gopalganj ====================================================== Durgesh Kumar @ Durgesh Kumar Singh S/O Shivnath Singh R/O VillageSongarwa, PS- Sripur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Ballabh Singh, APP For the Informant :

Mr. Vyas Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Sripur P.S. Case No. 32 of 2025, instituted for the offences punishable under Sections 126(2), 118(1) and 109 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, son of the informant was stabbed by co-accused, namely, Munna Kumar after a quarrel in between them due to which he sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.36880 of 2025(2) dt.18-06-2025 2/2 also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case during course of investigation on the basis of statement made by the victim. It is further submitted that there is delay of three days in lodging the FIR. No specific allegation has been made against the petitioner in the FIR. Specific allegation of assault has been levelled against co-accused, namely, Munna Kumar. The petitioner is in custody since 18.03.2025 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sripur P.S. Case No. 32 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T