Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13360 of 2025 Arising Out of PS. Case No.-218 Year-2024 Thana- BARAHAT District- Banka ====================================================== Rajeev Kumar S/O Jaykant Singh R/O Village- Banganw, P.S- Rajoun, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Barahat P.S. Case No. 218 of 2024 lodged on 08.09.2024, for the offences punishable under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the BNSS Act, 2023 read with section 27 of the Arms Act.

3. As per the prosecution, FIR has been lodged against four named and one unknown accused persons including the present petitioner against whom allegation of assault and fired bullet on the chest of the informant due to which injury occurred.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.13360 of 2025(2) dt.28-03-2025 2/2 also submits that petitioner's name has figured in this case due to the reason that he is a friend of brother-in-law of the informant, who fired on his brother-in-law.

5. Counsel submits that the criminal antecedent of the petitioner is clean. He further submits that the petitioner has been unnecessarily been made accused in this case. He further submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of the petitioner is clean.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Banka, in connection with Barahat P.S. Case No. 218 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T