Jaikant Kumar v. The State of Bihar

Mr.Nachiketa Jha, Advocate Mr.Choubey Jawahar, APP 4 19-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks bail in connection with Minapur P.S. Case No. 346/2023, registered for the offence under Sections 147, 149, 341, 323, 504, 302 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 10.01.2025.

As per FIR, named co-accused persons assaulted the informant and his wife, upon instigation/order of the petitioner, whereafter the wife of the informant died due to injury received during the occurrence.

Learned Counsel appearing on behalf of the petitioner submitted that the maximum allegation against the petitioner as appears out of FIR is of order giver. It is submitted that the daughter of the informant, namely, Gudiya Kumari aged about 19 Patna High Court CR. MISC. No.24361 of 2025(4) dt.19-09-2025 years, was in love affairs with petitioner and, therefore, she joined the house of the petitioner after leaving the house of the informant/parents. It is submitted that for said reason an altercation took place between informant and his wife with petitioner and his family. It is submitted that upon post-mortem, no injury was noticed, prima facie making falsified the allegation of collective assault by eight persons as alleged through FIR. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a man of clean antecedent.

Learned APP opposed the prayer of bail.

Considering the aforesaid factual submissions and by taking note of fact as prima facie the allegation against the petitioner is to only instigate other named co-accused persons to assault the wife of the informant, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 10.01.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Minapur P.S. Case No. 346/2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class (East), Patna High Court CR. MISC. No.24361 of 2025(4) dt.19-09-2025 Muzaffarpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. veena/- U T (Chandra Shekhar Jha, J)