Sikandar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53250 of 2025 Arising Out of PS. Case No.-741 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== Sikandar Kumar S/o Prahlad Bhagat R/o Ward - 14, Vill- Bhaluahi, P.S.- Mauhaulia, West Champaran at Bettiah, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar, Adv.

For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) Mr.Shyam Sundar Kumar, Adv.for Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for offence under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 103(2), 3(5) of the B.N.S., 2023.

3. Allegation against petitioner is that he along with other co-accused persons named in the F.I.R. caught son of informant Narendra Kumar (deceased) and took him in their house and after closing the door, brutally assaulted him with lathi, knife and other weapons, as a result of which, he died during course of treatment.

4. Learned counsel for the petitioner submits that informant is not eye-witness to the occurrence and only due to land dispute between the parties, petitioner and other family members have been made accused in this case. As per F.I.R., six

Patna High Court CR. MISC. No.53250 of 2025(3) dt.10-11-2025 2/2 persons are alleged to have assaulted the deceased, but from the post-mortem report, it is apparent that only three injuries have been found on the person of deceased. Petitioner has got clean antecedent and is in custody since 17.04.2025. Chargesheet has been submitted.

5. Learned counsel for the informant vehemently opposed the bail petition and submitted that there is specific allegation against this petitioner that he along with others brutally assaulted the deceased. The aforesaid fact has been disclosed by the deceased, while he was conscious.

6. Considering the general and omnibus allegation, period of custody and clean antecedent, 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 learned C.J.M., West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 741 of 2024. (Prabhat Kumar Singh, J) anay U T