Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84056 of 2025 Arising Out of PS. Case No.-190 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Aman Kumar Son of Dharmendra Kumar Nirala @ Dharam singh R/o Village - Pirapur Mathura, P.S. - Goraul, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the State :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 87 and 3(5) of the B.N.S. and later on, Sections 103 and 238 of the B.N.S. were also added.
3. The prosecution case, in brief, is that on 27.05.2025 at about 10:30 AM, daughter of informant went to college to collect admit card but she did not return. After lodging of the F.I.R., dead body was recovered by the police.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner
Patna High Court CR. MISC. No.84056 of 2025(2) dt.08-12-2025 2/3 transpired in this case during course of investigation merely on the basis of confessional statement of co-accused Rupesh Kumar. Save and except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged offence. It is further submitted that the daughter of informant went missing on 27.05.2025, however, the complaint petition was lodged after inordinate delay of one month on 27.06.2025 and there is no plausible explanation for the same, which itself makes the entire prosecution case doubtful. During course of investigation, none of the witnesses have claimed to have seen this petitioner committing the alleged offence. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 16.07.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, materials that have surfaced during course of investigation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
Patna High Court CR. MISC. No.84056 of 2025(2) dt.08-12-2025 3/3
7. Accordingly, let the above named petitioner be released on bail 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-VI, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 190 of 2025.
(Prabhat Kumar Singh, J) shashank/- U T