Allowed

A K (Ashish Kumar) v. The State of Bihar

Patna HC10 Jul 2025CR. APP (SJ)/1548/2025

Case brief

AI extract

What is this about?

High Court in a bail appeal involving a juvenile accused under Sections 309 and 103 of BNS 2023 set aside the lower court's order rejecting bail, directing release on bond due to procedural lapses in considering the appellant's defence.

What did the court decide?

Impugned order granting bail rejected by lower court set aside; appellant released on bail bond of Rs. 20,000 with two sureties.

A K (Ashish Kumar) Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1548 of 2025

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Arising Out of PS. Case No.-250 Year-2024 Thana- SABAUR District- Bhagalpur

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======================================================

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A K (Ashish Kumar) Son of Satyanarayan Paswan Resident of Village - Gangarampur, Post - Mamalkha, P.S.- Sabour, District - Bhagalpur, Bihar.

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... ... Appellant/s

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Versus

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The State of Bihar

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Nitish Kumar Son of Sita Ram Rai R/o village - Dayalchak Mahgama, P.S.Ghatho, District - Samastipur, Bihar

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Bijendra Kumar, Advocate For the Respondent/s : Mr.Bal Mukund Prasad Sinha, ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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3 10-07-2025

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The instant appeal is directed against an order dated 20^th of March, 2025 passed by learned Special Judge, Children’s Court, Bhagalpur in Special (Children) Case No. 4 of 2025 arising out of Sabour P.S. Case No. 250 of 202 for the offence punishable under Sections 309 (4) and 103 (1) of the BNS, 2023.

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Narration of the incident is available from the statement made by the one Nitish Kumar, driver of a pickup van bearing no. BR06GG–1271. As per the statement of the informant on the 6th of July, 2024, at about 3:50 A.M., he, along with the owner of the pickup van, namely, Vikahs Kumar Ram, was travelling to Samastipur with mangoes loaded on the said

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Patna High Court CR. APP (SJ) No.1548 of 2025(3) dt.10-07-2025 2/3

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pickup van. When they reached near Mashadhu at about 12:20 P.M., four unknown persons jumped upon the said pickup van. Three of them tried to take away the key of the vehicle. The driver, out of fear, handed over the key of the vehicle. Immediately, the fourth person, who is the appellant before this Court, came inside the pickup van and started snatching away personal belongings of the said Vikash Kumar Ram. When he resisted the appellant, he assaulted him with the help of a knife on his chest. He tried to flee away, opening the door of the pickup van, but after going a short distance, he fell down on the ground. The informant somehow brought the owner of the pickup van to Bhagalpur Hospital, where he was declared dead.

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It is contended on behalf of the appellant that the appellant is not named in the FIR. Three other accused persons have already been released on bail by this Court, as police failed to collect any material against them. Police also did not pray for T.I. Parade of the appellant. No incriminating article was recovered from him. He is a juvenile and implicated in the case only on suspicion. Therefore, he may be released on bail.

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I have gone through the impugned order.

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The Trial Court did not consider the abovementioned aspects submitted by the learned Advocate for the

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Patna High Court CR. APP (SJ) No.1548 of 2025(3) dt.10-07-2025 3/3

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appellant in his order. There is also no observation that he had gone through the case diary and found incriminating material against the appellant.

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Accordingly, the order passed by the learned Special Judge, Children’s Court in Special (Children) Case No. 04 of 2025 on 20^th of March, 2025 rejecting the prayer for bail is set aside.

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Considering such circumstances, this Court is of the view that the appellant should be released on bai in the instant appeal also, on furnishing bail bond of Rs. 20,000/- with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge (Children Court), Bhagalpur in connection with Special Case (Children) No. 04 of 2025, one of whom must be one of the parents of the appellant.

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(Bibek Chaudhuri, J)

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uttam/-

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A K (Ashish Kumar) v. The State of Bihar

Case brief

What is this about?

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A K (Ashish Kumar) v. The State of Bihar

Case brief

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