Patna High CourtCR. MISC./53764/2025bail granted

Rajesh Kumar @ Rajesh Sharma v. The State Of Bihar

2025-11-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53764 of 2025 Arising Out of PS. Case No.-674 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Rajesh Kumar @ Rajesh Sharma S/O Rabindra Mistri R/O Vill.- Kathara, Katahra, P.S.- Supaul (Kishanpur), District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T. NO. 211/2024 arising out of Supaul P.S. Case No. 674 of 2023 dated 23.08.2023 registered for the offences punishable under Sections 302 and 120B of the I.P.C.

3. As per the prosecution case, the informant's brother-in-law (Raushan Kumar) took the vehicle to Supaul as he was driving four wheeler which was being operated by Uber Company. It is further alleged that the informant received an information that the dead body of Raushan Kumar in underwear was found and marks of hitting with rod on his head and entire body and his face were badly crushed. It is further alleged that two Android mobile phones, driving license, ATM Card, all the documents and purse were missing. It appears that murder has

Patna High Court CR. MISC. No.53764 of 2025(2) dt.07-11-2025 2/3 been done in a planned manner, knife marks were found all over the body, the car was overturned to mislead the police.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the F.I.R. has been lodged against unknown. The name of the petitioner has surfaced in the present case on the basis of the confessional statement of the co-accused persons, Deepvansh Paswan and Rohit Raj @ Munna Pathak. There is no eye witness to the alleged offence. In paragraph no. 39 of the case diary, it has been mentioned that from the house of Rohit Raj @ Munna, blood stained clothes which were changed on the alleged date of occurrence, were recovered. Similarly, from perusal of paragraph no.

41 of the case diary, it appears that the house of the co-accused, Deepvansh Paswan was also raided and the co-accused, Deepvansh Paswan tried to flee away but he was apprehended and confessed before police about his involvement in the alleged crime and said that he along with Rohit Raj @ Munna committed murder of the deceased. It is further submitted that in paragraph no. 42 of the case diary, it has been mentioned that on the basis of the confessional statement of the co-accused, Deepvansh Paswan his blood stained clothes were recovered. The petitioner has six antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.01.2024.

Patna High Court CR. MISC. No.53764 of 2025(2) dt.07-11-2025 3/3

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The regular bail of the co-accused person has been rejected by this court vide order dated 30.09.2024 passed in Cr. Misc. No. 16496/2024.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 learned Court concerned, Supaul in connection with Supaul P.S. Case No. 674 of 2023, with the 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 bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

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