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Patna High CourtCR. MISC./90/2025rejected

Sagar Kumar Vishwakarma @ Raja @ Golu @ Sagar Kumar v. The State Of Bihar

2025-05-08Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90 of 2025 Arising Out of PS. Case No.-373 Year-2024 Thana- OBRA District- Aurangabad ====================================================== Sagar Kumar Vishwakarma @ Raja @ Golu @ Sagar Kumar Son of Ramjanam Vishwakarma R/o-Village- Obra, PS- Obra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Obra P.S Case No. 373 of 2024 from the Court of learned S.D.J.M, Daudnagar, Aurangabad registered for the offences punishable under Sections 103 (1), 123, 3(5) of B.N.S.

3. As per allegation in the FIR, petitioner along with co-accused have kidnapped the daughter of the informant and administered poison to her due to which she died.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there was a love affair between the victim and the petitioner. It is also submitted that petitioner is in judicial

Patna High Court CR. MISC. No.90 of 2025(4) dt.08-05-2025 2/2 custody since 11.09.2024 and petitioner has got no criminal antecedent as stated in para 3 of the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. From perusal of the F.I.R., impugned order and case diary, it appears that there is a direct allegation against the petitioner for kidnapping the daughter of the informant and thereafter administeing poison to her due to which victim died. From perusal of FSL report, it seems that Aluminium Phosphide commerically knows as 'Celphos' was detected in the visceral organs of the victim/deceased which is highly poisonous. Moreover, witnesses have also supported the prosecution case.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T