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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65960 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- Piplawa District- Patna ======================================================
1. Naval Kumar @ Naval Mistri S/o Subhash Mistri R/o village- Bela, PS- Piplawan, Dist- Patna
2. Munna Kumar @ Kallu Kumar @ Kallu S/o Subhash Mistri @ Subodh Mistri R/o village- Bela, PS- Piplawan, Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandrashekhar Prasad For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 01-11-2025 Heard the parties.
2. Both petitioners seeks bail in connection with Piplawan P.S. Case No. 68 of 2025 registered for the offences under Sections 191(2), 191(3), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Both petitioners are named in the F.I.R. and are in custody since 02.05.2025.
4. The allegation against both petitioners is to commit murder of the husband of informant along with 7 named co- accused persons by causing physical assault using lathi, rod etc.
5. Learned counsel appearing on behalf of the petitioners submitted that present occurrence took place due to
Patna High Court CR. MISC. No.65960 of 2025(2) dt.01-11-2025 2/3 previous enmity arising out of monetary dispute. It is pointed out that informant is not the eye-witness of the occurrence and entire implication appears to be raised out of suspicion as main co- accused Nitesh Kumar and Nikhil Kumar acquainted with other co- accused persons including petitioner. It is pointed out that during investigation nothing incriminating transpired, which may suggest involvement of petitioners with the present crime in question. It is submitted that allegation to advance threat is specifically available against co-accused Nitesh Kumar and Nikhil Kumar with whom husband of informant was in enimical terms due to monetary dispute. While concluding the argument it is submitted that, both petitioners are men of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion prima-facie nothing incriminating appears against these petitioners, where informant prima-facie not appears eye-witness of the occurrence, coupled with the fact as both petitioners remains in custody since 02.05.2025, accordingly both above named petitioners, are
Patna High Court CR. MISC. No.65960 of 2025(2) dt.01-11-2025 3/3
directed to be released on bail in connection with Piplawan P.S. Case No. 68 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM IV, Danapur/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.
S.Tripathi/- (Chandra Shekhar Jha, J.) U T