Patna High CourtCR. MISC./50698/2025bail granted

Rahul Kumar v. The State Of Bihar

2025-10-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50698 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- Naya Bhojpur District- Buxar ====================================================== Rahul Kumar S/o Birendra Yadav R/o Village and P.O. and PS- Naya Bhojpur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak For the Opposite Party/s :

Mr. Chandra Bhushan Prasad Mr. Anil Kumar Singh Mr. Satyendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-10-2025 Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Naya Bhojpur P.S. Case No. 53 of 2025 registered for the offence under Section(s) 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, all the accused persons including the petitioner are said to have killed the deceased by assaulting him.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 13.05.2025. The name of the petitioner has come in the confessional statement of the co-

Patna High Court CR. MISC. No.50698 of 2025(4) dt.15-10-2025 2/2 accused Pramod Yadav. He further submits that from the statement of the co-accused Pramod Yadav it appears that no offence under Section 103(1) of the BNS is made out as the planning was to beat the deceased and not to kill the deceased.

5. Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the prayer for bail.

6. From the post-mortem report it appears there are some abrasions on the body of the deceased but no weapon was used.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar/concerned Court below in connection with Naya Bhojpur P.S. Case No. 53 of 2025.

(Sandeep Kumar, J) Shishir/- U T