Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69256 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Raju Kumar S/o Sunil Singh @ Sunil Kumar Singh R/o Village- Purnahi, P.S.- Warisnagar, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP For the Informant :

Mr. Vinay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Ashok Paper Mill (APM) P.S. Case No. 59 of 2025, instituted for the offences punishable under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that informant's son went to attend a marriage ceremony with the villagers and did not return. On search, dead body of informant's son was found in a field near the railway track. It is further alleged that about 15 days ago the petitioner had threatened the deceased of dire consequences.

Patna High Court CR. MISC. No.69256 of 2025(3) dt.25-11-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. The petitioner has been arrested only on the basis of suspicion. It is next submitted that co-accused Sunny Kumar disclosed that the petitioner had illicit relation with sister of the deceased. It is further submitted that the self-confession of the petitioner has been recorded by the police which reveals involvement of the petitioner and the same has got no evidentiary value. The petitioner is in custody since 02.05.2025 and has got one criminal antecedent in which he is on bail.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation against the petitioner of threatening the deceased of dire consequences. It is further submitted that on perusal of postmortem report, it appears that cause of death has been opined as manual strangulation. The co-accused, namely, Sunny Kumar has stated in his confessional statement that the petitioner had

Patna High Court CR. MISC. No.69256 of 2025(3) dt.25-11-2025 3/3 illicit relationship with the sister of the deceased and in this regard the deceased had abused him several times. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial. However, if the trial is not concluded within a period of six months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) Rajorshi/- U T