Devraj Kumar @ Mando v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5031 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== DEVRAJ KUMAR @ MANDO son of Late Niranjan Bhagat Village- At Kamarganj Ps- Sultanganj Dist- Bhagalpur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Bijay Kumar Das Mahadeo Das Resident of Village- Munshi Chamar Lane Gurhatta Chowk, P.S.- Mojahidpur, District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajive Ranjan Singh, Advocate For the Resp. No.2 :

Mr. Ashok Kumar No.6, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-08-2025 Heard Mr. Rajive Ranjan Singh, learned counsel for the appellant, Mr. Ashok Kumar No.6, learned counsel for the Respondent No.2 as well as Mr. Sadanand Paswan, learned Spl.P.P. for the State.

2. This is an appeal under Sections 14(A)(2) against refusal of the prayer for anticipatory bail by order dated 22.09.2023 passed by the learned 3rd Additional Session Judgecum-Special Judge (SC/ST Act), Bhagalpur in A.B.P. No. 2336 of 2023 arising out of Sabour P.S. Case No. 161 of 2023, F.I.R. dated 20.03.2023 registered under Sections 302/120B/34 of the Indian Penal Code and Sections 3(ii)(v) of the Scheduled Castes and Scheduled Tribes Act.

Patna High Court CR. APP (SJ) No.5031 of 2023(5) dt.12-08-2025 2/3

3. According to the prosecution case, the informant alleged that the appellant along with other co-accused persons in conspiracy have killed his son, namely, Nikhil Kumar (now, deceased).

4. Learned counsel for the appellant submits that appellant has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the appellant has not committed any offence as alleged in the FIR. The appellant is not named in the FIR and his name transpired during investigation on the basis of confessional statement of co-accused, namely, Sudhanshu Kumar and except the confessional statement of coaccused person, no other cogent material has come during investigation which suggest the involvement of the appellant in the present occurrence.

5. Learned Special Public Prosecutor for the State and learned counsel for the Respondent No.2 on the basis of materials available on record and case diary have vehemently opposed the prayer for anticipatory bail of the appellant and submits that the co-accused person, namely, Sudhanshu Kumar has confessed his guilt which is recorded in paragraph-32 of the case diary and other co-accused person, namely, Krishna Kumar

Patna High Court CR. APP (SJ) No.5031 of 2023(5) dt.12-08-2025 3/3 has stated that he along with other accused person, namely Sudhanshu Kumar have committed the present crime in question, which is recorded in paragraph-26 of the case diary and the appellant has also committed sexual assault upon the deceased boy.

6. Considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the appellant in connection with Sabour P.S. Case No. 161 of 2023 pending in the Court of 3rd Additional Session Judge-cumSpecial Judge (SC/ST Act), Bhagalpur.

7. Accordingly, the impugned order is affirmed and this appeal stands dismissed.

(Rajesh Kumar Verma, J) Suruchi/- U T