Aditya Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84983 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- Ghogha District- Bhagalpur ====================================================== Aditya Raj S/o Shri Madan Mohan Mandal R/o Village- Mirjapur, PSKahalgaon, Ghogha, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-02-2025 Heard learned counsel for the petitioner and Mr. Mukesh Kumar Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(2) of the Bharatiya Nyaya Sanhita and further added Sections 103(1), 238/3(5) of the B.N.S.

3. The case of the prosecution is that the brother of the informant namely, Pankaj Kumar was called by Sudarshan Mandal on 01.08.2024 at about 7 pm. After that, he had talk with Pankaj and he heard the voice of Pankaj and Sudarshan. They had verbal altercation considering a girl. The informant suspects that Sudarshan has committed his murder.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.84983 of 2024(3) dt.11-02-2025 2/3 falsely been implicated in this case. He has got no criminal antecedent. From perusal of the post mortem report, it is clear that the doctor conducting the post mortem report has found three injuries on the person of the deceased. First is ligature mark 13 inch in length x 0.5 to 1 inch second is one incised wound 3.5 inch x 1 inch x cavity deep and third is also incised wound 5 inch x 2 inch x bone deep obliquely with sharp cut was present over just below left knee anteromedially. The confessional statement of Sudarshan is to the effect that the incised wound was caused after the death of the deceased whereas, from the post mortem report, it transpires that the incised wound are ante mortem.

In this case, Sudarshan has named 4-5 persons as his associates and has attributed different roles to them but the story as developed by Sudarshan is not supported by medical evidence. There is nothing except confessional statement against this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 06.08.2024. Similarly situated other co-accused has already been granted bail by this Court vide order dated 06.02.2025 in Cr. Misc. No. 82166 of 2024.

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

Patna High Court CR. MISC. No.84983 of 2024(3) dt.11-02-2025 3/3

6. Having heard learned counsel for the parties and considering the 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 Kahalgaon (Ghogha) P.S. Case No. 94 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 Chief Judicial Magistrate VIIIth, Bhagalpur.

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