Sagar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47860 of 2025 Arising Out of PS. Case No.-498 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Sagar Kumar S/o Gopi Chand Prasad R/o Village- Uttarwari Pokhara, Pakki Phulwari, Ward No. 05, P.S.- Kalibagh, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mrs. Nirmala Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Bettiah Town P. S. Case No. 498/2020 in a case registered for the offences punishable under Sections 364, 365, 386, 302, 201, 120 (B)/34 of the Indian Penal Code.
3. As per the prosecution case, informant, namely Sabana Praveen, alleged that on 18.08.2020, while she, along with her son, was going to Station Chowk via Kamalnath Nagar, in the meantime, all the accused persons named in the F.I.R., along with 5-6 unknown persons, surrounded them and assaulted son of the informant and then kidnapped him. When informant tried to save her son, they dashed her and fled away,
Patna High Court CR. MISC. No.47860 of 2025(2) dt.29-08-2025 2/3 taking her son. Thereafter, on 19.08.2020 at about 1:30 AM, informant found dead body of her son near Mirja Tola. It is alleged that prior to the alleged occurrence, the accused persons demanded ransom from the son of informant, and upon refusal, they committed his murder.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. Name of petitioner transpired during course of investigation on the basis of confessional statement of other co-accused persons. Except confessional statement, there is no direct or indirect material to show the complicity of this petitioner in the alleged occurrence. Petitioner is in custody since 16.02.2025. Charge-sheet has already been submitted. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the fact that petitioner is not named in the F.I.R., clean antecedent and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P. S. Case No.
Patna High Court CR. MISC. No.47860 of 2025(2) dt.29-08-2025 3/3 498/2020.
(Prabhat Kumar Singh, J) Navya/- U T