Karan Kumar @ Abhijeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85691 of 2024 Arising Out of PS. Case No.-639 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Karan Kumar @ Abhijeet Kumar Son of Late Sanjay Prsad @ Sanjay Kumar Chandel Resident of Village- Pakari, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh, Advocate For the State :
Mr. Ajay Kumar Jha, APP For the Informant :
Mr. Y.C. Verma, Sr. Advocate Mr. Suryavansh Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 126(2), 115(2), 109, 303(2), 3(5) and 103(1) of B.N.S.
3. The case of the prosecution is that one Ranjeet Kumar has taken away the father of the informant on 25.08.2024 at 6 PM. Till 9 PM when the father of the informant did not return the informant started searching him, at 9.40 PM he received a call on the mobile of his elder brother that accident has taken place of the father of the informant. It is further alleged that the petitioner along with others has assaulted with stone due to which he died.
Patna High Court CR. MISC. No.85691 of 2024(3) dt.21-03-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of the FIR, it is clear that though the name of this petitioner is arrayed in the list of accused persons but no specific allegation is there against him. From perusal of para-8 of the diary it transpires that in the CCTV footage, this petitioner was found at 9:15 PM and from perusal of the statement of the petitioner which is at para-120 it transpires that he has stated that when he heard that accident of the father of the informant took place, he went near the Ramna Maidan and it is the time when he was identified in CCTV footage. From perusal of the postmortem report, it is clear that the deceased has received ten injuries.
There is no consistent material to connect this petitioner with the offence. Only that he was seen in the CCTV footage, is not sufficient to fasten him with the allegation. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.09.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.85691 of 2024(3) dt.21-03-2025 3/3 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 Ara Nawada P.S. Case No. 639 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 C.J.M., Bhojpur at Ara.
(Ashok Kumar Pandey, J) Shubham/- U T