Alit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81035 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Alit Kumar S/O Titu Yadav R/O Village- Chinwaria, P.S.- Laxmipur, Dist.- Jamui.

2.

Ajit Kumar Yadav @ Ajit Kumar @ Ajit Yadav S/O Munilal Yadav R/O Village- Chinwaria, P.S.- Laxmipur, Dist.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2025 Heard learned counsel for the petitioners and Mr. Md. Shakir Ahmad, learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 302 and 120(B)/34 of the IPC.

3. The case of the prosecution is that on 28.06.2024 at about 01 P.M. in the evening, the son of the informant, namely, Piyush Kumar, aged about 12 years has went to attend Ram Dhuni which was having placed in the village. At about 02 A.M. in the night, when the informant woke up, he found that his son has still not returned. Then the informant started searching him. The informant received information by co-

Patna High Court CR. MISC. No.81035 of 2024(6) dt.24-03-2025 2/3 villager that a dead body was lying. When the informant went there, he found the dead body of his son at river Chinawaria in a ditch. The informant has named 13 persons in the FIR and has suspected that they have murdered the son of the informant.

4. Learned counsel for the petitioner has submitted that during course of investigation one Kartik has given his confessional statement and in his confessional statement he has named these petitioners. It is also evident that from the house of the petitioners, their blood stained clothes were recovered. From perusal of the post-mortem report it transpires that cause of death could not be ascertained, as such viscera is preserved. though blood stained clothes were recovered from the possession of the petitioners, but there is no examination whether the blood on the clothes is of the deceased or not. There is no such report. The name of these petitioners have surfaced only during confessional statement of Karthik; even cause of death is not ascertained. The petitioners are in custody since 26.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is

Patna High Court CR. MISC. No.81035 of 2024(6) dt.24-03-2025 3/3 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Laxmipur P.S. Case No. 219 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui.

(Ashok Kumar Pandey, J) durgesh/- U T