Allowed¶25

Subhash Kumar v. The State Of Bihar

Patna HC9 Apr 2025CR. MISC./17286/2025

Case brief

AI extract

What is this about?

Regular bail; Patna High Court; Criminal Miscellaneous No. 17286 of 2025; Justice Rudra Prakash Mishra; order dt. 09-04-2025; Purnia; Krityanand Nagar / K. Nagar (Champanagar) P.S. Case No. 81 of 2022; IPC Sections 147, 148, 149, 341, 323, 324, 325, 307, 504, 506 and added Section 302; alleged armed assembly over crops carried on tractor, lathi-danda and dabia assault; custody since 13-01-2025; parity with co-accused bailed in Cr. Misc. No. 35401 of 2022 (order dt. 21-09-2022); charge sheet submitted; bail bonds Rs. 10,000/- with two like sureties.

What did the court decide?

Petitioner 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 Court below/concerned Court in connection with K. Nagar (Champanagar) P.S. Case No. 81 of 2022. ¶25

Subhash Kumar Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17286 of 2025

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Arising Out of PS. Case No.-81 Year-2022 Thana- KRITYANAND NAGAR District- Purnia

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

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Subhash Kumar S/O Raja Ram Mandal R/O Sant Nagar, Chanka, P.S.Srinagar, District- Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Ram Prawesh Kumar, Advocate For the State : Ms. Dr. Indiwar Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 09-04-2025

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

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2. The petitioner seeks bail in connection with K. Nagar (Champanagar) P.S. Case No. 81 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504 & 506 of the Indian Penal Code (IPC). Later on, Section 302 of the IPC was added.

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3. As per prosecution case, accused persons unlawfully assembled at the informant’s land with lathi , danda , dabiya , farsa etc. and intercepted the tractor which was carrying crops from the informant’s land and when father of informant’s friend protested then Kiran Devi, Sundar Kumar, petitioner brutally assaulted him by means of lathi - danda due to which he

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Patna High Court CR. MISC. No.17286 of 2025(2) dt.09-04-2025 2/3

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fell down unconsciously. It is further alleged that when informant’s brother tried to rescue the victim, accused Bucho Mandal attacked him with dabia due to which he sustained injury and accused persons also assaulted the informant.

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-01-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

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5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case due to land dispute. Nothing has been recovered from the possession of the petitioner. Learned counsel submits that from bare perusal of the FIR, the contention is manipulated and manufactured. It is alleged that petitioner and others have brutally assaulted the deceased, but the postmortem report does not corroborate the allegation levelled against the petitioner as there is only one external injury found on the body of the deceased. Charge sheet is submitted in this case. Learned counsel submits that similarly situated co-accused persons have been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 21-09-2022, passed in Cr. Misc. No. 35401 of 2022.

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6. Learned A.P.P. for the State has vehemently

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Patna High Court CR. MISC. No.17286 of 2025(2) dt.09-04-2025 3/3

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opposed the prayer for grant of bail to the petitioner.

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7. Considering the aforesaid facts and circumstances

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of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

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8. Let the petitioner 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 Court below/concerned Court in connection with K. Nagar (Champanagar) P.S. Case No. 81 of 2022.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Subhash Kumar v. The State Of Bihar

Case brief

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Subhash Kumar v. The State Of Bihar

Case brief

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