Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87 of 2025 Arising Out of PS. Case No.-388 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Aditya Kumar Son of Sivjee singh Resident of Village - Jaitpur, Police Station - Udwant Nagar, District - Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 567 of 2025 Arising Out of PS. Case No.-388 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Aman Kumar @ Prakash Kumar S/O Radhe Shyam Singh @ Radha Shyam Singh R/O vill- Jaitpur, P.O- Asni, P.S- Udwant Nagar, Dist.- Bhaojpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 87 of 2025) For the Petitioner :

Mr. Manoj Kumar, Advocate For the State :

Mr. Uday Pratap Singh, APP For the Informant :

Mr. Akash Kumar Mishra, Advocate (In CRIMINAL MISCELLANEOUS No. 567 of 2025) For the Petitioner :

Mr. Rajkumar Rajesh, Advocate For the State :

Ms. Madhuri Lata, APP For the Informant :

Mr. Akash Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2025 Since both these applications arise out of the same P.S. case number, they are being taken up together and disposed of by this common order.

2. Heard learned counsels for the parties.

3. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 140(3) of

Patna High Court CR. MISC. No.87 of 2025(3) dt.20-03-2025 2/3 the B.N.S. and later on, Sections 105, 238 and 3(5) of the B.N.S. has been added.

4. As per prosecution case, F.I.R. has been lodged against unknown persons for missing of child of informant.

5. It is submitted by learned counsels appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. Petitioners are not named in the F.I.R.. Name of these petitioners transpired in this case on the basis of confessional statement of co-accused person. During investigation, it has come that the deceased, along with these petitioners and other co-accused persons, was committing theft of electrical wire and during the same, the deceased got electric shock and died. Petitioners claims clean antecedents.

6. On the other hand, learned A.P.Ps. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

7. Considering the aforesaid facts and circumstances, nature of accusation, material surfaced during course of investigation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to these petitioners is allowed.

Patna High Court CR. MISC. No.87 of 2025(3) dt.20-03-2025 3/3

8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara in connection with Udwant Nagar P.S. Case No. 388 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T