Ram Kishore Kumar @ Raj Kishore Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58286 of 2025 Arising Out of PS. Case No.-198 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== Ram Kishore Kumar @ Raj Kishore Sah S/o Bharat Sah R/o Village - Balba Raima, P.S - Saharghat, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Adv For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Harlakhi P.S. Case No. 198 of 2023 registered for the offences under Sections 302 and 201 of the Indian Penal Code & Section 27 of the Arms Act.
3. The petitioner is not named in the F.I.R. and is in custody since 25.04.2025.
4. As per case of prosecution, a dead body of unknown lady was recovered from a deserted place near to Indo-Nepal boarder and found that she was shot dead.
5. Learned counsel appearing on behalf of petitioner submitted that petitioner was the cousin brother-in-law of the
Patna High Court CR. MISC. No.58286 of 2025(2) dt.09-10-2025 2/3 deceased. It is submitted that he was not named with FIR and even during initial period of investigation, his name not transpired. It is pointed out that during investigation, the name of petitioner transpired on the basis of confessional statement of one Vimlesh Kumar Yadav @ Takla whose name transpired in present case due to the report of police spy, even not stated any overt act attributed by this petitioner qua crime in question. It is submitted that petitioner has been implicated with this case being relative, who is living separately, having no connection with their daily and domestic affairs. While concluding the argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of State, opposed the prayer of bail, but fairly conceded that except confession nothing is available against this petitioner.
7. In view of aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused Bimlesh Kumar Yadav, nothing transpires against this petitioner even through confessional statement, no overt act attributed to this petitioner, where the implication of this petitioner prima-facie appears being
Patna High Court CR. MISC. No.58286 of 2025(2) dt.09-10-2025 3/3 cousin brother-in-law, coupled with the fact as petitioner remains in custody since 25.04.2025, accordingly above named petitioner, is directed to be released on bail in connection with Harlakhi P.S. Case No.198 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-III, Madhubani/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