Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44928 of 2025 Arising Out of PS. Case No.-374 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Sujit Kumar S/O Vijay Kumar Thakur @ Vijay Thakur Ressident of vill.- Semra hat, P.S.- Turkauliya, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rohit Ranjan, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP For the O.P. No. 2 :
Mr. Y.C. Verma, Sr. Advocate, Mr. Amrendra Nath Verma, Mr. Mukesh Kumar, Mr. Ramakant Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Turkaulia P.S. Case No. 374/2024 dated 02.09.2024 registered for the offence punishable u/s 126(2), 115(2) 103, 109, 61(2), 352 and 351(2) of the B.N.S.
3. As per the prosecution case, the co-accused, Vijay Thakur abetted and instigated his son, Sujit Kumar (petitioner) to kill the informant's brother, Sunil Kumar Thakur, upon which he gave repeated blow on his head by means of bamboo due to which he sustained injury and died in the course of treatment.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.44928 of 2025(2) dt.05-08-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The other co-accused person has already been granted regular bail by the Co-ordinate Bench vide order dated 05.05.2025 passed in Cr. Misc. No. 26298/2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.09.2024.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the specific allegation of assaulting the informant's brother is against the petitioner. As per the post-mortem report, the cause of death is due to cranio-cerebral damage (Head Injury). Learned counsel for the informant has further submitted that total six witnesses have already been examined.
6. Considering the aforesaid facts and circumstances of the case as well as the specific allegation of assault is against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Turkaulia P.S. Case No. 374/2024 pending in the court of learned C.J.M., East Champaran, Motihari.
Patna High Court CR. MISC. No.44928 of 2025(2) dt.05-08-2025 3/3
7. This application stands rejected and the learned court below is directed to conclude the trial of the petitioner at the earliest.
(Chandra Prakash Singh, J) atul/- U T