Dismissed¶20

Kundan Kumar v. The State of Bihar

Patna HC19 Feb 2025CR. MISC./82562/2024

Case brief

AI extract

What is this about?

Patna High Court CR. MISC. No.82562 of 2024, decided 19-02-2025 by Justice Rudra Prakash Mishra: bail prayer of Kundan Kumar rejected in Sarmera P.S. Case No. 143 of 2024 (Nalanda) under Sections 103, 238, 61(2), 3(5) BNS 2023 for alleged murder by strangulation of the Informant's husband; petitioner unnamed in FIR, surfaced via co-accused Sumit Kumar's confession; prosecution cited petitioner's own confession, tower location near place of occurrence, and postmortem report; custody since 16.07.2024; charge-sheet filed; court below directed to expedite trial.

What did the court decide?

Having heard learned counsel for the parties and considering the nature and gravity of the offence, this Court was not inclined to grant bail to the petitioner. ¶20

Kundan 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.82562 of 2024

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Arising Out of PS. Case No.-143 Year-2024 Thana- SARMERA District- Nalanda

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Kundan Kumar Son of Dinesh Das Resident of Village - Jagdishpur, P.S. - Jayrampur, District - Sheikhpura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sheo Jee Mishra, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP For the Informant : Mr. Binoy Kumar, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

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3 19-02-2025

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Heard learned counsel for the petitioner and learned

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APP for the State as also learned counsel for the Informant. Perused the case diary.

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The petitioner seeks bail in connection with Sarmera P.S. Case No. 143 of 2024 instituted for the offences under Sections 103, 238, 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

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As per prosecution case, the accusation against the accused persons including the petitioner is of committing murder of the Informant’s husband by strangulation.

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Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The petitioner

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Patna High Court CR. MISC. No.82562 of 2024(3) dt.19-02-2025 2/3

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has not committed any offence as alleged in the F.I.R. The petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of the confessional statement of the coaccused Sumit Kumar which has no evidentiary value in the eye of law. The petitioner is a driver and used to drive car on fare. The petitioner has no criminal antecedent and is languishing in judicial custody since 16.07.2024 without any rhymes or reason. Charge-sheet has been submitted in this case under Sections 103, 238, 61(2), 3(5) of the B.N.S.

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On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The name of the petitioner has surfaced in this case on the basis of the confessional statement of the co-accused Sumit Kumar. The petitioner has also confessed his guilt in his confessional statement. The tower location of the mobile of petitioner has been near the place of occurrence on the alleged time of occurrence. The postmortem report supports the prosecution case.

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Having heard learned counsel for the parties and considering the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

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Patna High Court CR. MISC. No.82562 of 2024(3) dt.19-02-2025 3/3

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