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Patna High CourtCR. MISC./16059/2025bail granted

Harsh Kumar @ Krishan Kumar @ Kisan Kumar Singh v. The State Of Bihar

2025-03-05Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16059 of 2025 Arising Out of PS. Case No.-2 Year-2022 Thana- KATRA District- Muzaffarpur ====================================================== Harsh Kumar @ Krishan Kumar @ Kisan Kumar Singh Son of Ajay Singh Resident of Village- Bisautha P.S.- Katra, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-03-2025 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Dr. Ajeet Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Katra P.S. Case No. 02 of 2022, F.I.R. dated 02.01.2022 for the offences punishable under Sections 399, 402 of Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act.

3. According to prosecution case, the police on secret information, reached the place of occurrence and recovered one loaded country made rifle and one live cartridge from the house of Vinay Kumar. On raid all accused person fled away and one accused person namely Vinay Kumar was apprehended and he disclosed the name of the petitioner.

Patna High Court CR. MISC. No.16059 of 2025(2) dt.05-03-2025 2/3

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The name of petitioner transpired on the basis of co-accused namely Vinay Kumar.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Judicial Magistrate First Class, Muzaffarpur in connection with Katra P.S. Case No. 02 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other 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.

Patna High Court CR. MISC. No.16059 of 2025(2) dt.05-03-2025 3/3 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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