Binu Kumar @ Bhola Kumar Vs The State of Bihar

====================================================== Appearance : For the Appellant/s : Mr.Patanjali Rishi, Advocate Mr.Kundan Kumar, Advocate For the Respondent/s : Mrs.Anita Kumari Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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2 19-04-2025

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Nagar P.S. Case No. 892 of 2023 for the offence

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under Sections 302 and 34 of the IPC read with Section 27 of the Arms Act was registered on the basis of Fardebyan made by one Rakesh Kumar, stating, inter alia, that his minor son Aman Raj had some dispute with one Nitsh Yadav, nephew of one Vikky Yadav. On the 11th of June, 2023, at about 10:30 AM, the victim, along with his younger brother, was standing near Dulhan Banquet Hall, Patel Nagar. Suddenly, Nitsh Yadav, along with his friend and some other unknown persons, started scuffling with him. A local person, namely, Ganesh Kumar @ Mogal, mediated their dispute and registered the parties from scuffling. Subsequently, Nitish Yadav attacked his son and opened fire at him on his chest, resulting in the death of the son

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Patna High Court CR. APP (SJ) No.3926 of 2024(2) dt.19-04-2025 2/3

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of the informant.

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The appellant is not Nitish Yadav. His prayer for bail was rejected in Child Case No. 10 of 2023 by the learned Additional Sessions Judge 1^st Court at Nawada.

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It is submitted by the learned Advocate for the appellant that the appellant was falsely implicated in this case. No substantial evidence is received against the appellant. He is implicated in the allegation that he had friendship with the principal accused. It is doubtful whether the appellant was among those who were associated with the deceased.

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The appellant is under the custody of protection home since 13^th of June, 2023. Indisputably, he is minor.

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On due consideration of the materials on record, I do not find any scope to apply the proviso to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in the instant case.

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Therefore, the appellant is entitled to bail

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Considering such aspect of the matter, let the appellant above-named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties, one of whom must be local surety, of the like amount each to the satisfaction of learned Additional District and

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Patna High Court CR. APP (SJ) No.3926 of 2024(2) dt.19-04-2025 3/3

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Sessions Judge, 1^st , Nawada in connection with Nagar P.S. Case

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No. 892 of 2023.

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