Raju Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74065 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Raju Kumar Prasad Son of Raju Kumar Prasad R/o Village - Bazidpur, Ward No.-2, P.O- Singhia Deorhi, P.S- Kamtaul, Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubham Kumar, Advocate Mr. Nishant Choudhary, Advocate Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-01-2026 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 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that while the informant was cooking food at her house, she heard the sound of firing when she came out from her house, she found that her husband received gun shot injury and was in a pool of blood. She took her husband to the hospital with the help of neighbors where husband was declared dead. It is further alleged that her husband was working in 'Maharani Honda Agency' from last ten years as an Accountant. Her husband was told her 2-3 days

Patna High Court CR. MISC. No.74065 of 2025(4) dt.09-01-2026 2/3 prior to the occurrence that one of the colleague, Raj Kamal Thakur has defalcated Rs. 1,80,000/- of the company regarding regarding which he had knowledge and told him not to disclose it to the owner. He was promised to give share in that defalcated money but when the husband of the informant denied, the coaccused, namely, Raj Kamal Thakur has threatened him of the consequences. The informant believes that her husband was killed by the co-accused, Raj Kamal Thakur by hatching a conspiracy.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that name of the petitioner has surfaced only during investigation in the confessional statement of Raj Kamal Thakur. It is further submitted that save and except the said confessional statement of said Raj Kamal Thakur, there is no material on record to connect the petitioner in the present case. It is further submitted that earlier his bail petition was rejected by the learned coordinate Bench vide order dated 28.03.2025 passed in Cr. Misc. No. 80159 of 2024. It is further submitted that Raj Kamal Rahul @ Raj Kamal Thakur, in whose confessional statement the name of the petitioner has surfaced, has already been granted bail vide

Patna High Court CR. MISC. No.74065 of 2025(4) dt.09-01-2026 3/3 order dated 26.09.2025 passed in Cr. Misc. No. 70354 of 2025. The case of the petitioner stands on better footing. Moreover, the petitioner is languishing in judicial custody since 01.06.2024.

5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhubani (Town) P.S. Case No. 225 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Madhubani. (Ashok Kumar Pandey, J) Jagdish/- U T