Ashutosh Kumar @ Ashutosh SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29153 of 2026
                   Arising Out of PS. Case No.-344 Year-2024 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Ashutosh Kumar @ Ashutosh Singh S/o Brij Kishore Mahto @ Birju
                 Resident of Village -Kalyanpur, Police Station - Kalyanpur, District -
                 Samastipur.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :      Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1) and

                   3(5) of the B.N.S. and Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   father of the informant had gone along with one Sudhir Madhan

                   and, at about 12:50 P.M., information was received that the

                   informant’s father had been murdered by some unknown

                   miscreants. Upon receiving such information, the informant

                   reached the place of occurrence and found the dead body of his

                   father lying on an e-rickshaw. The driver of the e-rickshaw was

                   also found shot dead. It is alleged that Sudhir Madhan was
Patna High Court CR. MISC. No.29153 of 2026(3) dt.19-06-2026
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          present there and claimed that he could identify the assailants.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. He has

          falsely been implicated in this case. Learned counsel for the

          petitioner has submitted that the name of this petitioner has

          transpired in this case in the confessional statement of co-

          accused Phool Babu Ram that too in para ‘181’ of the case

          diary. It has further been submitted that from perusal of the

          order of learned trial Court, it is clear that learned trial Court has

          recorded that Phool Babu Ram has stated in his confessional

          statement categorically that it is he who has contacted with the

          petitioner to eliminate the father of the informant and on the

          fateful day on the order of Phool Babu Ram, this petitioner and

          one Arjun Paswan shot bullet to father of the informant

          indiscriminately, causing his death.

                       5. Learned counsel for the petitioner has further

          submitted that in postmortem, the father of the informant and

          the e-rickshaw driver both have received one gun shot injury

          each. It has further been submitted that co-accused Arjun

          Paswan has already been granted bail by this Court vide Cr.

          Misc. No. 30155 of 2026. The case of this petitioner stands on

          similar footing. Moreover, he is languishing in judicial custody
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                       since 30.01.2026.

                                    6.     Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    7. Considering the aforesaid facts and circumstances

                       of the case, this court is inclined to enlarge the petitioner on

                       bail. The above named petitioner is directed to be released on

                       bail in connection with Kalyanpur P.S. Case No. 344 of 2024 on

                       furnishing bail bond of Rs.10,000/- (ten thousand) with two

                       sureties of the like amount each to the satisfaction of learned

                       C.J.M., Samastipur.


                                              (Ashok Kumar Pandey, J)

lata/-
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