Kariman Chaudhary @ Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1445 of 2026 Arising Out of PS. Case No.-195 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Kariman Chaudhary @ Mritunjay Kumar Son of Upendra Chaudhary Resident of Village - Belaur, Ps- Udwantnagar, Dist- Bhojpur .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-01-2026 Heard Mr. Rakesh Kumar Sharma, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 11.07.2025 in connection with Udwantnagar P.S. Case No. 195 of 2023, F.I.R. dated 29.04.2023 for the offences punishable under Sections 302/34 of the IPC and Section 27 of the Arms Act.

3. According to prosecution case, all the accused persons including this petitioner have killed the father of the informant by firing upon him.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as

Patna High Court CR. MISC. No.1445 of 2026(2) dt.16-01-2026 2/3 alleged in the F.I.R. Although the petitioner is named in the F.I.R but from perusal of the F.I.R it appears that there is no specific allegation of assault or firing attributed against the petitioner rather the specific allegation of firing is against the co-accused persons, namely, Butan Chaudhary, Upendra Chaudhary and Rishi Chaudhary and the petitioner has no concern at all from the present occurrence and he has been made accused merely on the ground that he is family member of the accused persons. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Rupan Thakur @ Rupam Thakur has been granted bail by this Court vide order dated 20.09.2023 passed in Cr. Misc. No. 60975 of 2023. The petitioner is in custody since 11.07.2025.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries four criminal antecedents other than the present one but fairly submits that out of four cases, he has been acquitted in two cases and he is on bail in rest of the two cases.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing

Patna High Court CR. MISC. No.1445 of 2026(2) dt.16-01-2026 3/3 bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 195 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T