Kaushal Kumar @ Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67969 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- Shahpur P.S. District- Nawada ====================================================== 1.
Kaushal Kumar @ Govind Kumar S/o- Kamlesh Prasad @ Kamlesh Kumar Resident of Village- Jagdishpur P.S.- Sahpur District- Nawadah 2.
Kamlesh Kumar @ Kamlesh Prasad S/o- Late Bhim Mahton R/vJagdishpur P.S- Sahpur Dist- Nawadah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the offences punishable under Sections 191(1), 191(2), 190, 126(2), 115(2), 74, 303(2), 324(4), 109, 352, 351(2) and 329(4) of the B.N.S., 2023.
3. As per the prosecution case, all the F.I.R. named accused persons including these petitioners entered the house of informant and assaulted the informant side and destroyed the tent as well as beautification materials of the tent. It is further alleged that accused persons looted jewellery and other materials kept there for marriage of informant's sister. One of the injured Sonu Kumar died during treatment.
Patna High Court CR. MISC. No.67969 of 2025(3) dt.02-12-2025 2/2
4. It is submitted on behalf of the petitioners that these petitioners are innocent and have falsely been implicated in this case. As per F.I.R., there are 15 named accused persons and 25 to 30 unknown accused persons in the case. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. As a matter of fact, on the alleged date of occurrence, clash took place between the parties over playing DJ. As per post mortem report, death was caused due to head injury. During course of investigation, none of the witnesses has taken name of these petitioners. Petitioners claim clean antecedent and are in custody since 18.07.2025.
5. Learned A.P.P. for the State opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances as well as period of custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VI, Nawadah in connection with Shahpur P.S. Case No. 58 of 2025. P.K.P./- (Prabhat Kumar Singh, J) U