Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56949 of 2025 Arising Out of PS. Case No.-207 Year-2023 Thana- BIHRA District- Saharsa ====================================================== Prakash Kumar, S/o- Shri Umesh Poddar Village -Bhatrandha PSParamanandpur District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Adv.
Mr. Sumit Kumar, Adv.
Mr. Rohit Ranjan, Adv.
For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-09-2025 At the outset, it comes to the knowledge of this Bench that the Cr. Misc. No. 61217 of 2025 which was being heard along with this petition and was earlier taken up on 29.08.2025 together with this petition and on that day a joint order calling for the Status report of the trial of both the petitioners was passed and in the light of that order, the said Criminal Misc. No. 61217 of 2025 ought to be listed with this petition but the same has not been listed with this petition.
2. In view of the above position, let an explanation be called for from the Registrar List for not listing the Cr. Misc. No. 61217 of 2025 with this petition.
3. Heard Mr. Pramod Mishra, learned counsel for the Petitioner and Mr. Umesh Lal Verma, learned APP for the State.
Patna High Court CR. MISC. No.56949 of 2025(3) dt.26-09-2025 2/3
4. Petitioner seeks regular bail in connection with S.T. No. 179/2024 arising out of Bihra P.S. Case No. 207/2023, dated 12.11.2023 registered for the offences punishable under Sections 364, 302, 120(B) and 201 of the Indian Penal Code.
5. The main submissions advanced by petitioner's counsel are that this is the second attempt of the petitioner to get the relief of bail and the main grounds for renewing the prayer for bail are petitioner's long custody period which has been about one year and eleven months and secondly, the examination of the material witnesses of the prosecution whose depositions' copy have been filed with this petition showing that none of them supported the allegation surfaced during the course of investigation in the statements of the named accused recorded by the police. It is further submitted that petitioner bears no criminal antecedent.
6. Though learned APP for the State has opposed the prayer for bail of the petitioner but fairly accepted that from the depositions' copy of the witnesses filed by the petitioner, no allegation has surfaced against this petitioner as all the witnesses whose depositions' copy have been filed went hostile.
7. Considering the aforesaid submissions and mainly taking into account the petitioner's present custody period as
Patna High Court CR. MISC. No.56949 of 2025(3) dt.26-09-2025 3/3 well as having gone through the depositions of the aforesaid witnesses filed with this petition, this Court is now inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released 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 the concerned Court in connection with S.T. No. 179/2024 arising out of Bihra P.S. Case No. 207/2023.
(Shailendra Singh, J) maynaz/- U T