Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43473 of 2025 Arising Out of PS. Case No.-610 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Rajan Kumar S/O Shrawan Kumar Resident Of Village- Pachasa, PS- Rahui, Dist- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Naubatpur P.S. Case No. 610 of 2024 registered for the alleged offences under Sections 126(2), 115(2), 103(1), 61(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, while the son of the informant had gone to his matrimonial home to bring back his wife, he became untraceable and on further search and inquiry by the informant, his dead body was recovered from the divider of the road near Bihta-Sarmera National Highway. The name of the petitioner transpired during investigation for being involved in the offence.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43473 of 2025(2) dt.16-07-2025 2/3 petitioner is innocent and has been falsely implicated in this case. From the FIR, it is apparent that the informant has made allegation against the wife and in-laws of his son for killing him and the petitioner is not related either to the wife or in-laws of his deceased son. During investigation, it was found that the son of the informant died in a road accident and postmortem report also shows that the death was caused due to multiple injuries over the body (left upper limb, chest and neck). However, viscera was also preserved to rule out any intoxication. The police made out a story that the petitioner and his friend were apprehended driving the motorcycle of the deceased and they left the motorcycle with the police saying that they would produce the documents.

Subsequently, they were apprehended on suspicion that they fled away with the motorcycle of the deceased when he met with an accident. Learned counsel further submits that this rules out hand of the petitioner causing death of son of the informant. The petitioner is having clean antecedent. The petitioner is in custody since 25.02.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and

Patna High Court CR. MISC. No.43473 of 2025(2) dt.16-07-2025 3/3 submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Danapur in connection with Naubatpur P.S. Case No. 610 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T