Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62465 of 2025 Arising Out of PS. Case No.-537 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Gaurav Kumar S/O Raghuvansh Yadav @ Suresh Yadav R/O Vill.- Sukhasan, Ward no. 8, P.S. and Dist.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate Ms. Pooja Prasad, Advocate For the Informant :

Mr. Durgesh Kumar, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Madhepura P.S. Case No. 537 of 2024 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per prosecution story, the informant's wife had gone to the field and when she did not return, the informant tried to locate her and he was subsequently informed that a body was lying on the road and slipper was also found, which belonged to the informant's wife. It is further alleged that on search, they found the wife of the informant dead and there was

Patna High Court CR. MISC. No.62465 of 2025(4) dt.14-11-2025 2/3 a cut on the front and back side of the neck. It is further alleged that the petitioner along with his son was seen roaming around the house of the informant and Gaurav Kumar (co-accused) was also seen carrying a sword. It is lastly alleged that all the accused persons hatched a conspiracy and killed the informant's wife.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in this case. He further submits that informant is not the eye witness of the alleged occurrence, during investigation none of the witnesses have been examined, have claimed to have seen this petitioner committing the alleged offence. At best this petitioner was seen at the place of occurrence carrying a sword. It is further submitted that petitioner has been framed in this case because of previous enmity. Similarly situated co-accused person, namely, Raghuvansh Yadav @ Suresh Yadav has been granted bail by a co-ordinate Bench of this Hon'ble Court vide order dated 17.06.2025 passed in Cr. Misc. No.31937 of 2025. Petitioner is in custody since 25.05.2024.

5. Learned A.P.P. for the State as well as learned Counsel for the informant have vehemently opposes the bail application of the petitioner.

Patna High Court CR. MISC. No.62465 of 2025(4) dt.14-11-2025 3/3

6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner 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 District and Additional Sessions Judge-IV, Madhepura, in connection with Madhepura P.S. Case No.537 of 2024.

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