Dinesh Kumar @ Dinesh Kushwaha Vs The State of Bihar

====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 1621 of 2024) For the Appellant/s : Mr. Shiv Sager Sharma For the Respondent/s : Mr. Sadanand Paswan (In CRIMINAL APPEAL (SJ) No. 237 of 2025) For the Appellant/s : Mr. Naresh Prasad For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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6 16-05-2025

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Ref:- Cr. Appeal (SJ) No. 1621 of 2024

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Heard the learned counsel for the appellant and

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learned APP for the State.

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2 . This is an application for grant of regular bail to the

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appellant in connection with Uchakagaon P.S. Case No. 143 of 2018 initially instituted under Sections 279 and 304A of the

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Patna High Court CR. APP (SJ) No.1621 of 2024(6) dt.16-05-2025 2/4

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Indian Penal Code and later converted under Sections 302/34 of the Indian Penal Code and Sections 3(2)(v) of the SC/ST Act.

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3 . It is alleged that the appellant along with other accused persons had planned and committed the murder of the deceased.

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4 . Learned counsel for the appellant has submitted that the appellant is not named in the FIR but during the investigation, one Abit Ram had been arrested and on the confessional statement of Abit Ram, the appellant has been made an accused in this case. The appellant is in custody since 27.08.2023 and claims clean antecedent.

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5 . Learned counsel for the State has vehemently opposed the prayer for bail.

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6 . Considering the facts and circumstances of the case as well as the period of custody, this application for regular bail is allowed.

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7 . Accordingly, let the appellant, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge XI-cumExclusive Special Judge, SC/ST Act, Gopalganj/concerned Court below in connection with Uchkagaon P.S. Case No. 143

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Patna High Court CR. APP (SJ) No.1621 of 2024(6) dt.16-05-2025 3/4

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of 2018.

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Ref: Cr. Appeal (SJ) No. 237 of 2025

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Heard the learned counsel for the appellant and learned APP for the State.

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2 . This is the 2^nd attempt on behalf of the appellant for regular bail. Earlier the application for bail of the appellant was rejected vide Cr. Misc. No. 75444 of 2023 dated 27.02.2024 considering the fact that it is a case of homicide and not of an accident.

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3 . The appeal is directed against the order dated 29.11.2024 passed by the learned Additional Sessions Judge-XIcum-Exclusive Special Judge, SC/ST Act, Gopalganj in Uchakagaon P.S. Case No. 143 of 2018 initially instituted under Sections 279 and 304A of the Indian Penal Code and later converted under Sections 302/34 of the Indian Penal Code and Sections 3(2)(v) of the SC/ST Act whereunder and whereby the prayer for regular bail of the appellant was rejected.

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3 . It is alleged that the appellant along with other accused persons had planned and committed the murder of the deceased.

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4 . Learned counsel for the appellant has submitted that the appellant is in custody since 09.08.2023. He further

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Patna High Court CR. APP (SJ) No.1621 of 2024(6) dt.16-05-2025 4/4

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submits that in the trial, the informant has turned hostile and has said that his brother has died in an accident.

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5 . Learned counsel for the State has vehemently opposed the prayer for bail.

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6 . Considering the facts and circumstances of the case as well as the period of custody, this application for regular bail is allowed.

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7 . Accordingly, the order dated 29.11.2024 passed in Uchkagaon P.S. Case No. 143 of 2018 by the learned Additional Sessions Judge-XI-cum-Exclusive Special Judge, SC/ST Act, Gopalganj is hereby set aside and let the appellant, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge XIcum-Exclusive Special Judge, SC/ST Act, Gopalganj/concerned Court below in connection with Uchkagaon P.S. Case No. 143 of 2018 subject to condition that the appellant will cooperate in the trial.

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8 . The Certified copy of the deposition of the informant is taken on record.

Dinesh Kumar @ Dinesh Kushwaha v. The State of Bihar

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Dinesh Kumar @ Dinesh Kushwaha v. The State of Bihar

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