Patna High CourtCR. MISC./76936/2024dismissed

Chhotu Kumar v. The State Of Bihar

2025-01-23Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76936 of 2024 Arising Out of PS. Case No.-358 Year-2024 Thana- DIGHA District- Patna ====================================================== Chhotu Kumar, Son of Late Satrudhan Shah @ Satrudhan Saw, Resident of Gandhi Gali, Gas Godam, Ramji Chak, P.S. -Digha, District-Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 76889 of 2024 Arising Out of PS. Case No.-358 Year-2024 Thana- DIGHA District- Patna ====================================================== Arman Kumar, Son of Sanjay Singh @ Sanjay Kumar, Resident of Akhand Jyoti Hospital, Mariyam Colony, P.S. - Digha, District - Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 76936 of 2024) For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP (In CRIMINAL MISCELLANEOUS No. 76889 of 2024) For the Petitioner/s :

Mr.Pushkar Narain Shahi, Sr. Advocate Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Digha P.S. Case No. 358 of 2024 registered for the offence punishable under Sections 120(B), 302 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.76936 of 2024(3) dt.23-01-2025 2/3

3. The case of the prosecution is that the son of the informant Rahul Kumar was doing business of medicine and was living with his father. Ankit Kumar was his staff. On 10.06.2024, Ankit Kumar called his son at his flat. The son of the informant went there with his cousin Kundan Kumar Thakur. It is further alleged that Arman Kumar and Chhotu Kumar were already there. There all of them eat and drink. After that, Arman Kumar and Chhotu Kumar assaulted and pushed Rahul Kumar from the roof due to which he died.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. It is further submitted that independent witnesses have stated during investigation that in course of videography, he has fallen down. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Petitioners are languishing in judicial custody since 12.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that in this case Kundan Kumar Thakur who is the cousin of the deceased is the most competent witness. This witness has stated categorically that both of these petitioners have assaulated and pushed the deceased due to which he died.

Patna High Court CR. MISC. No.76936 of 2024(3) dt.23-01-2025 3/3

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioners on bail at this stage and, as such, their prayer for bail stands rejected.

7. Petitioners will be at liberty to renew their prayer for bail after six months, if so advised.

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