Pritam Bharti @ Pritam Kumar @ Pritam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69079 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- Rangara District- Bhagalpur ====================================================== Pritam Bharti @ Pritam Kumar @ Pritam Yadav S/O Niranjan Yadav Resident of Village- Bhawanipur, P.S- Rangra, District- Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Shyam Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 103(1), 61(1) and 3(5) of the BNS and under Section 27 of the Arms Act.
3. Case of the prosecution is that Karan Poddar, Shubham Mishra, Mushi Yadav and Samarth Kashyap were having talks near the well situated near Bhawanipur Kali mandir. Meanwhile, informant heard noise of firing. When he went near the well, he found that Karan Poddar and Shubham Mishra both have received gunshot injury and they were in a pool of blood. After that police also arrived.
4. Learned counsel for the petitioner has submitted that from perusal of the FIR itself it is clear that informant is not
Patna High Court CR. MISC. No.69079 of 2025(3) dt.02-12-2025 2/3 eye-witness. During course of investigation, one Munshi Yadav in paragraph 36 of the case diary, has given his confessional statement that co-accused Shubham Mishra fired at Karan Poddar indiscriminately due to which he fell down. Thereafter, co-accused Sonu Jha shot at Shubham Mishra causing his death. In this case two persons have died. They are Karan Poddar and Shubham Mishra. Said co-accused Munshi Yadav has not alleged anything with respect to participation of this petitioner in the alleged double murder case. Petitioner, in paragraph 47 of the case diary, has stated that as soon as co-accused Sonu Jha shot at Subham Mishra, he became frightened and then immediately fled away from the place of occurrence. Petitioner can at best be said to be present on the spot and there is no allegation of firing against this petitioner. Petitioner is in custody since 12.4.2025. Similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 45432/2025.
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, considering the facts and circumstances of the case and the period of custody of the petitioner, this court is inclined to
Patna High Court CR. MISC. No.69079 of 2025(3) dt.02-12-2025 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rangra P.S. Case No. 60 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM- 1st, Naugachhiya, Bhagalpur. (Prabhat Kumar Singh, J) shashi/- U T