Hira @ Hira Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39139 of 2025 Arising Out of PS. Case No.-325 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Hira @ Hira Kumar Son of Nanhki @ Vijay Kumar Village- Nooranibag Colony, Behind the Bank of India Ps- Alamganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kritu Verma, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2025 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 Alamganj P.S. Case No. 325 of 2024 dated 16.04.2024 registered for the offences punishable under Sections 328, 302 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, on 15.04.2024 in the morning Jitendra Paswan, Banti Chaudhary, Suman Chaudhary arrived at the house of the informant and called his son and the informant's son went along with them. At about 12:45 P.M. informant got the information that in the premises of Devi Mandir near Imali canal, Jitendra Paswan, Banti Chaudhary,

Patna High Court CR. MISC. No.39139 of 2025(3) dt.20-08-2025 2/3 Suman Chaudhary, Hira @ Hira Kumar (petitioner) and Renu Devi have administered some poisonous substance resulting in the death of the informant's son. It is further alleged that the coaccused, Renu Devi had earlier threatened to kill his son Raju Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. Nothing has been recovered from the possession of the petitioner. It is further submitted that as per the F.S.L. report, no Metallic, Alkaloidal, Glycosidal, Pesticidal and Volatile poison could be detected in the contents of glass jar and only Sodium Chloride (NaCl) was detected. The petitioner has no concern with the alleged offence. The petitioner has three criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody in this case since 23.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.39139 of 2025(3) dt.20-08-2025 3/3 named, is directed to be enlarged 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 learned Court concerned, Patna City in connection with Alamganj P.S. Case No. 325 of 2024, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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