Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46074 of 2025 Arising Out of PS. Case No.-195 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.
Sonu Kumar S/o Braj Kishore Roy @ Brij Kishore Ray R/o Village- Mouna, P.S.- Rajepur, District- Muzaffarpur 2.
Rajesh Bhagat S/o Dashrath Bhagat R/o Vill- Mouna, P.S.- Rajepur, DisttMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.
3. The case of the prosecution is that on 07.03.2024 at about 4PM, one Vinod Rai called the father of the informant. Petitioners were also there. On the same day, Rajesh Bhagat petitioner no. 2 informed the grandfather of the informant that an accident has occurred with Vinod Rai near Rajupur O.P. It is further alleged that these petitioners took the injured in a medical shop where injured was found in injured condition.
Patna High Court CR. MISC. No.46074 of 2025(3) dt.15-09-2025 2/3 There was injury in the back portion and neck. He was admitted to SKMCH, Muzaffapur. It is alleged that during treatment, he died. It is also alleged that the petitioners and the deceased had money transactions between them and the deceased had taken Rs. 10,000/- from his house and has withdrawn Rs. 2500/- from his account. The informant believes that the petitioners have assaulted the deceased.
4. Learned counsel for the petitioner submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that the occurrence is of 07.03.2024 whereas the FIR was lodged on 17.03.2024. As per the FIR also, initially, it was a case of accident but as the injured died, this case has been filed. It has also been submitted that the injured was in treatment for ten days but during treatment, his statement was not recorded. It has also been submitted that there is no eye witness to this case and the delay in lodging the FIR is unexplained. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 26.02.2025.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
Patna High Court CR. MISC. No.46074 of 2025(3) dt.15-09-2025 3/3
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sahebganj P.S. Case No. 195 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur West.
(Ashok Kumar Pandey, J) Shubham/- U T