Pankaj Kumar Vs The State of Bihar

Arising Out of PS. Case No.-493 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Pankaj Kumar S/o Vidyanand Prasad R/o Village- Lachhan Bigha (Shivrampur), P.S.- Belaganj, District- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 7402 of 2025) For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mrs.Suman Kumari Singh, A.P.P. (In CRIMINAL MISCELLANEOUS No. 7803 of 2025) For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate Mr.Deepak Kumar, Advocate For the Opposite Party/s : Mrs.Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 15-05-2025 Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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In the present case, the petitioners seek bail in connection with Belaganj P.S. Case No. 493 of 2024, registered

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for the offences under Sections 103(1), 61(2), 3(5) of the B.N.S.

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As per the prosecution case, son of the informant

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Patna High Court CR. MISC. No.7402 of 2025(3) dt.15-05-2025 2/4

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was murdered and the petitioners were apprehended by the police for killing the son of the informant. The informant further named some other persons for also being involved in the murder of his son.

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Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is no eye witness to the alleged occurrence and the petitioners have been arrested merely on suspicion. The petitioners have no concern with the deceased. There is no material against the petitioners and it is apparent from the investigation that the place of occurrence is not the house of the petitioner Ashok Kumar @ Ashok Ram and nothing incriminating has been recovered from the possession of the petitioners. The recovery of dead body has been made from a secluded place near the road of Akal Bigha Chainpur Road. Since it has come in the written report that the deceased was having a gold chain, Rs. 10,000/- cash and mobile phone perhaps son of the informant was killed by unknown miscreants who threw the dead body after snatching the gold chain and other goods. Learned counsel further submits that falsity of allegation is also apparent from the fact that informant has named one Shyamnandan Kumar as accused but the said person

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Patna High Court CR. MISC. No.7402 of 2025(3) dt.15-05-2025 3/4

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died more than ten years ago. Learned counsel further submits that there is no material against the petitioners to show their involvement. The petitioners are in custody since 23.08.2024 and charge sheet has been submitted. The petitioner Pankaj Kumar has got no criminal antecedent whereas petitioner Ashok Kumar is having antecedents of four cases out of which he has been acquitted in two cases.

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Learned A.P.P. appearing for the State vehemently oppose the submission made on behalf of the petitioner. Learned A.P.P. submits that the chowkidar got the information about the petitioner Ashok Ram keeping a person in his house after killing him and the said house was surrounded and the petitioners were found present in the house. The son of the informant went to meet the daughter of the petitioner Ashok Ram and the petitioners caught hold of him and brutally assaulted him with lathi . Learned A.P.P. further submits that from the place of occurrence one blood stained lathi , rope and wooden log were recovered and seized. Learned A.P.P. further submits that the statement of the chowkidar was recorded and inquest report was prepared wherein the chowkidar stated that he received information about killing of a person in Lakshan Bigha village. Learned A.P.P. lastly submits that the post mortem report also

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Patna High Court CR. MISC. No.7402 of 2025(3) dt.15-05-2025 4/4

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shows the deceased was brutally assaulted and a number of injuries were found on the body and cause of death is severe hemorrhage and shock due to brain, skull, lungs and ribs injuries.

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Having regard to the fact and circumstances and considering the strong circumstantial evidence against the petitioners, I am not inclined to enlarge the petitioners on bail.

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Accordingly, the prayer for bail of the petitioners is

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rejected.

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(Arun Kumar Jha, J)

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Anuradha/-

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U T

Pankaj Kumar v. The State of Bihar

Case brief

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Pankaj Kumar v. The State of Bihar

Case brief

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