Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61330 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== Mohan Kumar, son of Ram Prasad Mandal, Resident of village- Kherajpur Ward No.-11, PS - Bahadurpur District - Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhay Shanker Singh, Advocate For the Opposite Party :

Mr. Binod Kumar, APP For the Informant :

Mr. Surendra Kishore Thakur, Advocate Mr. Subodh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

This application for grant of regular bail arises out of Pupari P.S. Case No.92 of 2024 registered for the offence punishable under Section 363 of the Indian Penal Code. Subsequently, sections 364, 302 and 201/34 of the Indian Penal Code was also added.

3.

The allegation against the petitioner and other accused persons is that they conspired and killed the son of the informant because the son of the informant (deceased) was sending nude photographs of his cousin sister to her husband with whom the deceased had illicit relationship. 4.

Apart from confessional statement, there is no evidence against the petitioner. The petitioner is in custody

Patna High Court CR. MISC. No.61330 of 2024(4) dt.07-02-2025 2/2 since 22.04.2024.

5.

Learned counsel for the informant has vehemently opposed this bail application and has submitted that the prayer of the co-accused Rajiv Kumar Mishra has been rejected by this Court vide order dated 25.09.2024 passed in Criminal Miscellaneous No.57411 of 2024 and this petitioner does not deserve bail.

6.

Considering the fact that there is no evidence against the petitioner of having participated in the crime except the confessional statement, this application is allowed. 7.

Let the petitioner, above named, 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 the learned S.D.J.M., Pupari, District- Sitamarhi, in connection with Pupari P.S. Case No.92 of 2024, subject to the condition that he will cooperate in the trial.

(Sandeep Kumar, J) pawan/- U T