Ujjawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54069 of 2025 Arising Out of PS. Case No.-357 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Ujjawal Kumar S/O Binod Sharma @ Vinod Kumar Mohalla- Mokimpur, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Adv For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Hulasganj P.S. Case No. 357 of 2024 registered for the offences 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The petitioner is named in the F.I.R. and is in custody since 03.06.2025.

4. As per FIR, wife of informant namely Sarmani Devi was killed by petitioner using tractor.

5. Learned counsel appearing on behalf of the petitioner submitted that though FIR suggest that wife of informant was hit intentionally to cause death by this petitioner by using tractor, but postmortem report categorically suggest that cause of

Patna High Court CR. MISC. No.54069 of 2025(5) dt.28-11-2025 2/3 death was due to "cardiopulmonary arrest due to bleeding and head trauma by road traffic accident". It is pointed out that even mechanical inspection report of the sized tractor categorically suggest that it was facing mechanical issue as its "air intake coil" found damaged, which was the reason for the accident. It is pointed out that as parties are in litigating terms due to land dispute for which several litigation are pending between them, taking advantage of aforesaid unfortunate accident, the present false case was lodged against petitioner giving colour of murder. While concluding the argument it is submitted that investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

6. Learned APP duly assisted by learned counsel for the informant, while opposing the prayer for bail submitted that there is no apparent reason to disbelieve the version of the informant, who is claiming to be an eye-witness of the occurrence. However, he could not disputed

Patna High Court CR. MISC. No.54069 of 2025(5) dt.28-11-2025 3/3 aforesaid factual submission qua postmortem report and mechanical inspection report of the alleged tractor as submitted aforesaid by learned counsel for the petitioner.

7. In view of aforesaid factual submission and by taking note of fact as accidental death of wife of informant prima-facie cannot be ruled out in view of post mortem report and mechanical inspection report of tractor as discussed aforesaid, coupled with the fact as petitioner remains in custody since 03.06.2025, accordingly above named petitioner, is directed to be released on bail in connection with Hulasganj P.S. Case No. 357 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T