Praphul Patel @ Praful Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72488 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- RATWARA District- Madhepura ====================================================== Praphul Patel @ Praful Patel Son of Kailash Patel Resident of villageGangapur, Lutna Tola, Ward no. 14, P.S- Ratwara, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2025 Heard learned senior counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Ratwara P.S. Case No. 8 of 2025 instituted for the offences under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. Prosecution case, in short, is that the accused persons hatched a conspiracy and committed the murder of the informant's husband.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation. No specific overt act

Patna High Court CR. MISC. No.72488 of 2025(3) dt.18-11-2025 2/3 is alleged against the petitioner. Learned counsel further submitted that even co-accused Bipin Kumar, who is alleged to be shooter, has not disclosed the name of the petitioner during his confessional statement recorded before police rather he has disclosed the involvement of other accused persons in the commission of murder of the informant's husband. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.06.2025 and has nine criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no direct material against the petitioner in the case diary as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ratwara P.S. Case No. 8 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.72488 of 2025(3) dt.18-11-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T