Satrudhan Kumar @ Kalia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66493 of 2025 Arising Out of PS. Case No.-144 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Satrudhan Kumar @ Kalia Son of Umesh Singh Resident of Village - Musachak, P.S. - Bairgani, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bairgania P.S. Case No. 144 of 2023 instituted for the offence under Sections 302 & 34 of the Indian Penal Code. 3.

The prosecution case is that informant reported his brother, a laddu shop owner, was shot dead by unknown miscreants on 03.06.2023 near his shop. An empty cartridge, his mobile phones, and Rs. 25,000/- cash were found missing from the spot.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-03-2025. Petitioner bears five criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.66493 of 2025(2) dt.24-09-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Dhiraj Kumar. There is delay of three days in lodging the FIR. There is no eye witness to the occurrence. There is no specific allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Charge sheet has already been submitted in this case. Other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 03-10-2025, passed in Cr. Misc. No. 70239 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.66493 of 2025(2) dt.24-09-2025 3/3 below/concerned Court in connection with Bairgania P.S. Case No. 144 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T