Astik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50551 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- GADHPURA District- Begusarai ====================================================== Astik Kumar S/o Ashok Kumar Resident of village- Ekamba, P.S.- Gadhpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhusan Poddar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gadhpura P.S. Case No. 71 of 2024 dated 14.06.2024 registered for the offences punishable under Section 364(A) of the Indian Penal Code. Later on, Section 302 of the I.P.C. has been added.

3. As per the prosecution case, some unknown miscreants are alleged to have abducted the young brother of the informant and demanded ransom.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.50551 of 2025(2) dt.01-11-2025 2/3 possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up during the course of investigation. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2024. The co-accused person has already been granted regular bail by this Court vide order dated 18.09.2025 passed in Cr. Misc. No. 75674 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. It is further submitted that the confessional statement of the co-accused corroborates with the post-mortem report which shows the cause of death is due to asphyxia as a result of strangulation. It is further submitted that the petitioner in his confessional statement in para 62 of the case diary has stated that due to assault by him and the co- accused persons namely, Anshu Kumar and Shahanshah the deceased succumbed to his injury.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.50551 of 2025(2) dt.01-11-2025 3/3 learned Court concerned, Begusarai in connection with Gadhpura P.S. Case No. 71 of 2024, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T