← Library
Patna High CourtCR. MISC./74369/2024allowed

Karan Kumar v. The State Of Bihar

2025-03-24Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 74369 of 2024 Arising Out of PS. Case No.-424 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Karan Kumar Son of Nandji Mahato @ Nandji Singh Resident of village - Pawana (Pauna), Police Station - Pawana, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the O.P. No. 2 :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2025 Heard Mr. Anil Kumar Singh, learned counsel for the petitioner; Mr. Diwakar, learned counsel for the O.P. No. 2 and Mr. Dilip Kumar No. 1, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. The case of the prosecution is that the elder brother of the informant, namely, Abhishek Kumar, went from his house on 19.06.2024 at 12:00 noon and said that he would return by 05:00 PM. When he did not return by 05:00 PM, he was being searched for, and he was being called on his mobile number, but his mobile number was switched off. He could not be found until 20.06.2024. Then, information of his missing status was

Patna High Court CR. MISC. No. 74369 of 2024(4) dt.24-03-2025 2/3 reported. A dead body was found and a U.D. case was also filed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the petitioner is not named in this FIR. His name has surfaced in the confessional statement of co-accused Suraj Kumar and from perusal of the confessional statement of Suraj Kumar as well, it will transpire that the only role attributed to this petitioner is that they have to see the police. In U.D. case, the reason of death is due to accident. From perusal of the post-mortem report, cause of death is not clear. Viscera was preserved. The deceased was having crush injury. It is further submitted that the petitioner is languishing in judicial custody since 07.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submits that the petitioner is having criminal antecedent of one case, where he is on bail in that case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Nawada P.S. Case No. 424 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No. 74369 of 2024(4) dt.24-03-2025 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.

(Ashok Kumar Pandey, J) Sudhanshu/- U T