Patna High CourtCR. MISC./75503/2024bail granted

Hari Om Kumar v. The State Of Bihar

2025-01-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75503 of 2024 Arising Out of PS. Case No.-404 Year-2024 Thana- RUPASPUR District- Patna ====================================================== Hari Om Kumar Son of Saroj kumar @ Bhagwan Das Resident of villageMasaudha, P.S- Paliganj , Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.P.N. Shahi, Sr. Advocate Mr. Shivam, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-01-2025 Heard the learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in the present case registered for the offence under Section 103 of the BNS and under Section 27 of the Arms Act.

3. As per the prosecution case, petitioner is the informant of the case and the father of the deceased aged about 4 years.

4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Petitioner is in custody since 05.07.2024 and chargesheet has been submitted against the petitioner of culpable homicide not amounting to murder. It has come in the

Patna High Court CR. MISC. No.75503 of 2024(3) dt.22-01-2025 2/2 confessional statement of the petitioner that his daughter died because she was playing with the illegal pistol kept by the petitioner.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the fact that this is a case of accidental death and the petitioner has no motive to kill his own daughter, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Danapur/concerned Court below in connection with Rupaspur P.S. Case No. 404 of 2024.

8. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T