Kundan Kumar @ Tufani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11420 of 2026 Arising Out of PS. Case No.-557 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Kundan Kumar @ Tufani S/O Late Sitaram Singh R/O Village- Pakauli, P.SBidupur, Distt.- Vaishali at Hajipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Suman Kumari Singh, APP For the informant :

Mr. Ranjit Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2026 Heard Mr. Rakesh Kumar, learned counsel for the petitioner, Mr. Ranjit Kumar Thakur, learned counsel for the informant and Mrs. Suman Kumari Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Bidupur P.S. Case No. 557/2025, F.I.R. dated 27.08.2025 for the offences punishable under Sections 103(1), 61(2) read with Section 3(5) of the B.N.S. and Sections 25(1-B) (a), 26, 35 and 27 of the Arms Act.

3. According to prosecution case, some unknown persons have shot fire upon the husband of the informant resulting into his death.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in

Patna High Court CR. MISC. No.11420 of 2026(4) dt.08-05-2026 2/2 the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. The learned Additional Public Prosecutor for the State as well as learned counsel for the informant have vehemently opposed the anticipatory bail of the petitioner on the ground that petitioner carries four criminal antecedents other than the present one but fairly submits that the petitioner is on bail in the said matters. Learned counsel has further submitted that there is direct and specific allegation against the petitioner. Apart from that, the process under Section 82 and 83 of the Cr.P.C. has been issued against the petitioner before filing of the present bail application.

6. Considering the aforesaid fact that the process under Sections 82 and 83 of the Cr.P.C. has been issued against the petitioner so, this anticipatory bail is not maintainable, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Bidupur P.S. Case No. 557/2025 pending in the court of learned Judicial Magistrate-1st Class, Vaishali at Hajpur.

7. Prayer is refused.

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