Lalit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83628 of 2024 Arising Out of PS. Case No.-597 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Lalit Kumar Son of Sabirchan Paswan @ Sabirachandra Paswan VillageRustamganj, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Yadav , Advocate Mr. Manish Kumar, Advocate For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 364 read with 34 of the Indian Penal Code .

3 . As per the prosecution case , informant Alok Kumar has two wives but he is living with his second wife at Balmichak Phulwarisharif Patna . It is alleged that father of informant on 20.08.2023 at 10 : 30 O' Clock went outside house in his scorpio car but did not return . It is further alleged that the said scorpio car was found standing near petrol pump at painal and the informant suspects that this petitioner along with other

Patna High Court CR. MISC. No.83628 of 2024(6) dt.07-04-2025 2/3 co-accused persons committed the murder of father of the informant alongwith other known/unknown co-accused persons. The informant raised the suspicion that due to previous dispute with first wife of informant her father, brothers and bahnoi after kidnapping father of informant might have killed him.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. In the entire F.I.R., informant has not whispered or raised any suspicion against this petitioner. The name of the petitioner transpired on the basis of confessional statement of co- accused persons during investigation , where in furtherance of which, no incriminating material recovered/surfaced, as to connect petitioner prima facie with present occurrence of murder. It is further submitted that the postmortem report of deceased suggest no knife injuries, where cause of death was ascertained as cardio respiratory failure due to drowning, making the entire self inculpatory statement of co-accused Dharmendra Kumar doubtful, on the basis of which the implication of this petitioner was made with present case . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts, clean antecedent of

Patna High Court CR. MISC. No.83628 of 2024(6) dt.07-04-2025 3/3 the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged 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 A.C.J.M.-VI, Danapur district Patna in connection with Naubatpur P.S. case No. 597 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T