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2025 DAILYLAW 29309 (PAT)

Ashok Prasad @ Ashok Yadav v. The State of Bihar

CR. MISC./26959/2025 · 2025-07-08

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26959 of 2025 Arising Out of PS. Case No.-535 Year-2024 Thana- PARSABAZAR District- Patna ====================================================== 1. Ashok Prasad @ Ashok Yadav S/O Raju Yadav R/O Village- Parsa Bazar, P.S- Parsa Bazar, Distt.- Patna 2. Sumit Kumar S/O Ashok Prasad R/O Village- Parsa Bazar, P.S- Parsa Bazar, Distt.- Patna 3. Navlesh Prasad S/O Prasadi Yadav R/O Village- Parsa Bazar, P.S- Parsa Bazar, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Shankar Sinha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 08-07-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 103 (1) , 238 , 3(5) of the BNS. 3 . As per F.I.R., the informant Punam Devi alleges that on 16.11.2024 , her son namely Sunny Kumar left frome for work but did not return . Later, his dead body was found near railway track in injured condition . The complainant Patna High Court CR. MISC. No.26959 of 2025(4) dt.08-07-2025 2/3 believes that these petitioners along with others killed his son and dumped his body near railway track to destroy evidence . 4. It is submitted on behalf of the petitioners that these petitioners are innocent and has no committed any offence as alleged. Informant is not an eye witness to the alleged occurrence . Only suspicion has been raised against these petitioners. It is a case of circumstantial evidence . None have seen these petitioners committing the alleged occurrence . As a matter of fact, there was dispute between deceased and his wife and due to same , deceased committed suicide . During investigation , several witnesses have stated this fact. There is no direct or indirect material against these petitioners to show their complicity in the alleged occurrence . Petitioners claim clean antecedent. 5 . Learned counsel for the State oppose the bail petition . 6 Considering the nature of injury , clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Patna High Court CR. MISC. No.26959 of 2025(4) dt.08-07-2025 3/3 ACJM I Patna in connection with Parsa P.S. Case No. 535 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . Koushik/- (Prabhat Kumar Singh, J) U T