Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12791 of 2026 Arising Out of PS. Case No.-133 Year-2025 Thana- Panapur District- Muzaffarpur ====================================================== Badal Kumar S/O Suresh Pandit R/o Village- Karneji Bindeshwar Patti, P.s.- Belsar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2026 Heard Mr.Saurav Kumar, learned counsel for the petitioner and Mr.Ram Naresh Ray, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 19.11.2025 in connection with Panapur Kariyat P.S. Case No. 133 of 2025, F.I.R. dated 25.08.2025 registered for the offence punishable under Sections 309(4), 3(5) of BNS and Section 27 of Arms Act.

3. The FIR of the occurrence of loot is against unknown.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the self-

Patna High Court CR. MISC. No.12791 of 2026(5) dt.03-07-2026 2/3 confessional statement of the petitioner and till date no TIP has been conducted by the prosecution. Further submits that similarly situated co-accused persons, namely, Raju Kumar and Ravi Kumar have been granted bail by this Court vide orders dated 17.03.2026 and 01.05.2026 passed in Cr. Misc. Nos.167467 of 2026 and 18925 of 2026 respectively. The police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 19.11.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the supplementary affidavit.

6. Considering the aforesaid facts, petitioner is not named in the FIR, till date no TIP has been conducted by the prosecution, similarly situated co-accused persons have been granted bail by this Court as well as the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class (J.M.F.C.), Muzaffarpur West in connection with Panapur Kariyat P.S. Case No. 133 of 2025, with the

Patna High Court CR. MISC. No.12791 of 2026(5) dt.03-07-2026 3/3 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/her absence on two consecutive dates without sufficient reason, his/her 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) Nitesh/- U T