Prince Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28886 of 2025

Arising Out of PS. Case No.-77 Year-2024 Thana- BARIYARPUR District- Munger

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Prince Kumar Son of Mahendra Mandal@Mahindar Mandal Resident of Village- Pairu Mandal Tola Bariyarpur, P.S.- Bariyarpur, District- Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar, Adv. For the Opposite Party/s : Ms. Anita Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 13-08-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner has preferred this application for grant of regular bail in connection with Bariyarpur P.S. Case No. 77 of 2024 dated 07.04.2024 registered for the offences punishable under Sections 363, 364, 302 and 201 of the I.P.C.

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As per the prosecution case, on 06.04.2024 at about 8.00 P.M., the brother of the informant, namely, Chhotu Kumar was conversing with Ruby Devi in his field situated in Diyara for plucking Parwal Vegetable . In the meantime, the petitioner and the co-accused, Mithun Kumar, Dilkhush Kumar and Pappu Kumar assaulted Chhotu Kumar with lathi and danda and while assaulting took him towards the Ganga river. After some times,

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Patna High Court CR. MISC. No.28886 of 2025(3) dt.13-08-2025 2/3

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Ruby Devi informed the informant that the aforesaid accused persons took Chhotu Kumar towards the Ganga river by assaulting him with lathi-danda. The informant along with his family members searched for Chhotu Kumar but he was not found. The informant came to know by villagers during night of incident that Gulshan Kumar had also assaulted Chhotu Kumar along with other accused persons. The informant suspected that all the accused persons disappeared Chhotu Kumar with an intention to kill him.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case on mere suspicion. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. It is further submitted that the prosecution has examined the P.W-2, Munna Kumar, who has not disclosed anything against the petitioner. The other coaccused person, namely, Bipin Kumar has already been granted regular bail by the Bench of this Court vide Cr. Misc. No. 89166 of 2024 under order dated 22.04.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 09.04.2024.

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Patna High Court CR. MISC. No.28886 of 2025(3) dt.13-08-2025 3/3

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances

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of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Munger in connection with Bariyarpur P.S. Case No. 77 of 2024 with following conditions:-

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(i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

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(ii) The petitioner is directed to co-operate in the trial before the learned court below.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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shivam/-

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U T

Prince Kumar v. The State of Bihar

Case brief

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Prince Kumar v. The State of Bihar

Case brief

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