Krishna Das @ Krishna Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1705 of 2026 Arising Out of PS. Case No.-572 Year-2024 Thana- AMARPUR District- Banka ====================================================== Krishna Das @ Krishna Kumar Das S/o Yogendra Das Resident of villageBhadrar, P.S- Banka, District- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 13-02-2026 Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.

2. The petitioner, who is in custody, seeks bail in connection with Amarpur P.S. Case No. 572 of 2024, dated 23.08.2024, corresponding to G.R. No. 2726 of 2024, registered for the offence(s) punishable under Section(s) 25(1-b)a, 26 and 35 of the Arms Act.

3. The allegation against the petitioner is that he and one co-accused, namely, Rakesh Kumar were going on a

2/4 motorcycle and the police managed to apprehend the other accused persons, however the petitioner fled and one loaded pistol was recovered from the possession of the co-accused.

4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no incriminating article has been recovered from his possession. It has further been submitted that it is the specific case of the petitioner that the person apprehended was carrying one loaded pistol and no incriminating article has been recovered from the petitioner. It has also been submitted that the petitiner was taken on remand in the present case from one another case, i.e., Rajoun P.S. Case No. 31 of 2022. It has been admitted that the petitioner carries five criminal antecedents against his name and he is in custody since 15.04.2025.

5. The learned Addl. Public Prosecutor for the State has vehemently opposed the prayer for bail.

6. Regard being had to the facts and circumstances of the case and taking note of the fact that the petitioner has remained in custody since 15.04.2025, let the petitioner, abovenamed, be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the

3/4 case is pending/successor Court in connection with Amarpur P.S. Case No. 572 of 2024 corresponding to G.R. No. 2726 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be a local resident. (ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the concerned Court.

(iv) If the petitioner, in future, is found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that he has concealed his criminal antecedent, the Court concerned shall take necessary steps for cancellation of his bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (vi) In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Banka within fifteen (15) days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the concerned Superintendent of Police and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiate a proceeding for cancellation of bail of the petitioner for reasons of misuse of bail. After reporting to

4/4 the Superintendent of Police, a certificate will be filed by the petitioner before the Court concerned.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

8. The application stands allowed.

(Sourendra Pandey, J) Praveen-II/- U T