Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1301 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- Kavaiya District- Lakhisarai ====================================================== Krishna Kumar Son of Vinod Ram Resident of Village - Chhoti Kabaiya, Ward No. 25, P.S. - Kabaiya, Disrict - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the State :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-03-2025 Heard the parties.
2. The petitioner is in custody in connection with Kabaiya P.S. Case No. 197 of 2024 for the offence punishable under sections 25(1-b)A, 26 and 35 of the Arms Act, lodged on 14.09.2024 by the informant, Praveen Kumar.
3. As per the prosecution story, the informant alleged that on secret information, two persons including Sanni Kumar were intercepted and upon search from the petitioner, a loaded country made revolver was recovered/seized. Upon query, petitioner informed that this was provided to him by the Sanni Kumar. Accordingly, the F.I.R./arrest.
4. It is the case of the petitioner that he is a young boy having no criminal antecedent, is in custody since 15.09.2024 and due to enmity he has been implicated. Further, if granted
Patna High Court CR. MISC. No.1301 of 2025(2) dt.05-03-2025 2/3 bail he shall be diligently appearing in trial and shall not indulge in any such criminal activity.
5. Learned APP opposes the prayer for bail.
6. Taking into account the aforesaid facts as also his period of custody and the age (19 years), has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of bail subjected to the verification of his criminal antecedent.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Kabaiya P.S. Case No. 197 of 2024, subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his
Patna High Court CR. MISC. No.1301 of 2025(2) dt.05-03-2025 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T