Dularchand Kumar @ Dular Chand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6916 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Dularchand Kumar @ Dular Chand Kumar S/O Shri Kaushal Paswan R/oJagdishpur,Toygarh, P.s-Jairampur, Dist -Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Sarmera P.S. Case No. 143 of 2024 instituted for the offences under Sections 103, 238, 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3.

As per prosecution case, the accusation against the accused persons including the petitioner is of committing murder of the Informant's husband by strangulation. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The petitioner

Patna High Court CR. MISC. No.6916 of 2025(3) dt.13-05-2025 2/3 has not committed any offence as alleged in the F.I.R. The petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of the confessional statement of the coaccused Sumit Kumar which has no evidentiary value in the eye of law. The petitioner has no criminal antecedent and is languishing in judicial custody since 16.07.2024 without any rhymes or reason. Charge-sheet has been submitted in this case under Sections 103, 238, 61(2), 3(5) of the B.N.S. 5.

On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The name of the petitioner has surfaced in this case on the basis of the confessional statement of the co-accused Sumit Kumar. The petitioner has also confessed his guilt in his confessional statement. The postmortem report supports the prosecution case. Bail of coaccused, namely, Kundan Kumar was rejected by this Court vide order dated 19-02-2025, passed in Cr. Misc. No. 82562 of 2024. 6.

Having heard learned counsel for the parties and considering the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner. 7.

Accordingly, the prayer for bail of the petitioner,

Patna High Court CR. MISC. No.6916 of 2025(3) dt.13-05-2025 3/3 above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) Raj Kishore/- U T