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Patna High CourtCR. MISC./10000/2025bail granted

Kajoo Kumar v. The State Of Bihar

2025-03-06Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10000 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- CHANDI District- Nalanda ====================================================== Kajoo Kumar Son of Jai Kumar Resident of Vill- Yadubanshnagar, P.S.- Fatuhan, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar Singh, Advocate For the State :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Chandi P.S. Case No. 254 of 2024, dated 09.05.2024 registered for the offences punishable under Sections 379, 411, 414/34 of the Indian Penal Code and Section 25(1B)(a), 26, 35 of the Arms Act.

3. As per allegation, the co-accused, Brajesh Kumar was arrested with a pistol and some instruments to open loose vehicle from truck. As per further allegation, the accused, Brajesh Kumar was involved in committing of theft of wheels of trucks and the petitioner was also his accomplice.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.10000 of 2025(2) dt.06-03-2025 2/3 case. He further submits that except the confessional statement of the co-accused, Brajesh Kumar, there is no material available against the petitioner.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Chandi P.S. Case No. 254 of 2024, subject to the conditions as laid down under Section 438

(2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.10000 of 2025(2) dt.06-03-2025 3/3 below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T