Shivam Kumar @ Lakshya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4301 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== Amresh Kumar @ Mohit Kumar, Male, aged about 20 years, Son of Pintu Rajak, R/O village and P.O. -Shankarpura, Ward No. 18, P.S -Bakhari District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Y.C. Verma, Sr. Advocate, Mr. Mahesh Kumar, Advocate and Mr. Adarsh Singh, Advocate For the Informant : Mr. P.N. Shahi, Sr. Advocate, Mr. Kumar Shanu, Advocate, Mr. Kumar Abhishek, Advocate, Mr.

Shubham, Advocate and Mr. Amit Anand, Advocate.

For the State :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned senior counsel for the petitioner, learned senior counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sultanganj P.S. Case No. 214 of 2024 dated 27.05.2024 registered for the offences punishable under Sections 341, 323, 337, 338, 307, 120B and 302 read with Section 34 of the I.P.C.

3. As per the prosecution case, when the informant's son, Harsh Raj, went to appear in the last examination at Patna Law College, and after the examination was over, some unknown miscreants are alleged to have attacked his son with

2/4 lathi, danda, iron rod and bricks, due to which, he died. They were also abusing him with caste name.

4. Learned senior counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the F.I.R. has been lodged against unknown. His name has surfaced in the present case on the basis of the confessional statement of the co-accused Aman Kumar @ Aman Patel. The petitioner was a student of B.A. final year of Patna College and the deceased was student of B.N.College hence, the petitioner has no concern with the deceased and the petitioner has falsely been implicated in the present case. The petitioner was the student of Patna College, Patna University and was pursuing B.A. (Hons.) in Sociology and that he had appeared in his final examination of B.A. PartIII. It is further submitted that as per the F.I.R.

, the informant has the video of the incident but he has filed the present case against some unknown persons. No incriminating article has been recovered from his possession. The charge sheet has been submitted in the present case against the petitioner. The other co-accused person, namely, Chandan Yadav @ Aditya Raj has already been granted bail by a Bench of this Court vide Cr. Misc. No. 78721 of 2024 under order dated 25.03.2025.

3/4 no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 11.07.2024.

5. Learned A.P.P. for the State and learned senior counsel for the informant have vehemently opposed the bail petition of the petitioner and have submitted that the petitioner and other co-accused persons have brutally assaulted the deceased with lathi, danda, iron-rod and bricks leading to his death. Learned senior counsel for the informant refers several paragraph nos. 25, 77, 32, 33, 86, 91 of the case diary in which the other co-accused persons, the witnesses as well as the informant have supported the prosecution case.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City, Patna in connection with Sultanganj P.S. Case No. 214 of 2024 with further conditions:- (I) The petitioner is directed to remain physically present before the learned court

4/4 below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

II. The petitioner is directed to co-operate in the trial.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T