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Patna High Court - Orders

Ravi Kumar vs The State Of Bihar on 13 May, 2025

Author: Arun Kumar Jha

Bench: Arun Kumar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6153 of 2025
                     Arising Out of PS. Case No.-46 Year-2023 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Ravi Kumar Son of Rama Shankar Mahto @ Pajma Resident of Village -
                 Ghosiya Kala, Police Station - Bikramganj, District - Rohtas

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subash Kumar, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   13-05-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Bikramganj P.S. Case No. 46 of 2023, registered for the offences under Sections 302, 120(B) and 34 of the Indian Penal Code.

3. As per the prosecution case, the son of the informant was taken away by the petitioner and co-accused persons from his house. Later on the son of the informant was found lying injured in front of the house of the co-accused Sanjay Chaudhary. He was taken to hospital at Bikramganj for treatment but was referred to Patna for better treatment. While being taken to Patna, the son of the informant died.

4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.6153 of 2025(3) dt.13-05-2025 2/4 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has nothing to do with the death of the son of the informant. Petitioner was a close friend of the deceased and both were in the work of painting and for this reason they were in constant touch with each other. Learned counsel for the petitioner further submits that the implication of the petitioner in this case is on the basis of his mobile number continuously being in contact with the deceased for about seven days but the same is explainable as both of them were friends and they used to talk to each other on daily basis. Learned counsel for the petitioner further submits that except for their communication, no material has come up on record to show the involvement of the petitioner in the death of the son of the informant. Learned counsel for the petitioner further submits that mother of the petitioner had given a representation to the Director General of Police, Bihar pointing out the fact that there was no material against her son for his implication in the present case. Learned counsel for the petitioner further submits petitioner is having no criminal antecedent and he is in custody since 13.08.2024. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. Patna High Court CR. MISC. No.6153 of 2025(3) dt.13-05-2025 3/4 submits that the petitioner has been named in the F.I.R., itself along with other accused persons and they were the last person who accompanied the son of the informant prior to his death.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the distinct lack of substantive material against the petitioner and also considering the period of custody, clean antecedent of the petitioner and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1, Bikramganj (Rohtas)/concerned court, in connection with Bikaramganj P.S. Case No. 46 of 2023, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three Patna High Court CR. MISC. No.6153 of 2025(3) dt.13-05-2025 4/4 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Aditya/-

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