Suchit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3704 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- CHAKARANDHA P.S. District- Gaya ====================================================== Suchit Kumar son of Lakshman yadav Ro Village -Choritar PS -Chakarbandha District -Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Daulti Devi Wife of Late Kaplesh Mandal village- Phulwariya, ps- Maigra, Dist- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sudhir Kumar Sinha, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2025 Despite valid service of notice, none appears on behalf of the respondent no. 2.

2. Heard learned counsel for the appellant and learned Spl. Public Prosecutor for the State.

3. The present appeal has been filed for setting aside the order dated 10.07.2024 passed in B.P. No. 2236 of 2024 by learned Exclusive Special Judge, SC/ST, Gaya in connection with Chakarbandha P.S. Case No. 01 of 2024 for the offences under Sections 302, 201/34 of the Indian Penal Code and Sections 3(i)(r)(s), 3(2)(v) of the SC/ST (POA) Act whereby and whereunder the prayer of the appellant for regular bail has been rejected.

4. As per the prosecution case, informant suspects that co-accused Puna Yadav and Yogesh Yadav killed her husband

Patna High Court CR. APP (SJ) No.3704 of 2024(3) dt.05-08-2025 2/2 and threw his dead body in jungle in order to destroy the evidence.

5. Learned counsel for the appellant submits that appellant is not named in the F.I.R. and his name transpired during course of investigation on the basis of confessional statement of co-accused. The only material that has come during course of investigation is that this appellant was having conversation with one of the co-accused persons prior to the alleged incident. Save and except this, there is no other material to show complicity of the appellant in the present case. Appellant claims clean antecedent and is in custody since 01.06.2024. Charge-sheet has already been submitted.

6. Considering the nature of accusation and period of custody, this Court sets aside the impugned order and directs the release of above named appellant on bail on furnishing bailbond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, SC/ST, Gaya in connection with Chakarbandha P.S. Case No. 01 of 2024.

(Prabhat Kumar Singh, J) Navya/- U T