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Patna High CourtCR. MISC./68126/2025allowed

Bikash Kumar v. The State Of Bihar

2025-09-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68126 of 2025 Arising Out of PS. Case No.-627 Year-2024 Thana- BEUR District- Patna ====================================================== Bikash Kumar Son of Sanjay Kumar Resident of Village- Pandey Gangot, PSRupo, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gouranga Chatterjee, Sr. Advocate Mr. Nilanjan Chatterjee, Advocate Mr. Ujjwal Raj, Advocate Mr. Sahil Kumar, Advocate Mr. Anirvan Choudhuri, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 105 of the BNS.

3. The case of the prosecution is that the informant came to know that Kundan Kumar has fallen from the roof. Then he went to see him. When they reached near AndDen Dental clinic then they found there Uttam Kumar and Lucky Singh with two other unknown persons. After that he was rushed to the hospital and he was declared dead by the Doctor.

4. Learned counsel for the petitioner has submitted that the name of this petitioner has surfaced during investigation in the restatement of the informant. Learned counsel for the

Patna High Court CR. MISC. No.68126 of 2025(2) dt.24-09-2025 2/2 petitioner has submitted that in the restatement also the informant only suspects. From perusal of the order of the trial court it is clear that Paragraphs 128 and 129 of case diary reveals that the witnesses has revealed that their brother has been killed with a conspiracy and from perusal of the FSL report it also transpires that the death of Kundan Kumar was due to consumption of Celphos. Learned counsel for the petitioner has submitted that Celphos has a very stinging smell and it cannot forcibly be given. The petitioner is a man of clean antecedent and is in judicial custody since 14.07.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

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 Beur P.S. Case No. 627 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Patna. (Ashok Kumar Pandey, J) Durgesh/- U T