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Patna High CourtCR. MISC./45539/2025bail granted

Shankar Kumar v. The State Of Bihar

2025-08-06Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45539 of 2025 Arising Out of PS. Case No.-314 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Shankar Kumar S/O Kalanand Yadav R/O Village- Belsara, Ward No. 2, P.S. Raniganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mritunjay Kumar, Advocate For the State :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 103(1) and 61(2) of the B.N.S. and Section 27 of the Arms Act.

3. As per prosecution case, informant suspects that due to old dispute, this petitioner, along with other accused persons, killed her husband.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R. Informant is not an eye witness of the alleged occurrence and petitioner has falsely been implicated in this case merely on

Patna High Court CR. MISC. No.45539 of 2025(2) dt.06-08-2025 2/3 suspicion. It is the specific case of the informant that co-accused Bipin Yadav, Ashish Kumar, Chotu Kumar and 3 to 4 other accused persons committed murder of her husband. As per F.I.R., this petitioner, being friend of the deceased, namely Mahesh Yadav, had accompanied him to attend marriage function along with Rajnish Kumar, Mannu Kumar and Vikram Kumar. It is further submitted that similarly situated co-accused persons, namely Ashish Kumar and Bipin Yadav, have already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 05.02.2025 passed in Cr. Misc. Nos. 83317 of 2024 and 84058 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and claim based on parity, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.45539 of 2025(2) dt.06-08-2025 3/3 each to the satisfaction of learned A.C.J.M.-1st, Araria in connection with Raniganj P.S. Case No. 314 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T