Kundan Kumar @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15103 of 2025 Arising Out of PS. Case No.-366 Year-2024 Thana- DEEPNAGAR District- Nalanda ====================================================== Rahul Kumar S/o- Prakash Mistri Resident of village- Bakra, P.S.- Pawapuri (OP), Distt.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 17758 of 2025 Arising Out of PS. Case No.-366 Year-2024 Thana- DEEPNAGAR District- Nalanda ====================================================== Kundan Kumar @ Abhishek Kumar S/O Binod Yadav @ Vinod Yadav R/O Village- Garhpar, P.S- Bihar, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 15103 of 2025) For the Petitioner/s :
Mr.Dewanand Tiwari, Advocate For the Opposite Party/s :
Mr.Ahmad Ali, APP (In CRIMINAL MISCELLANEOUS No. 17758 of 2025) For the Petitioner/s :
Mr.Anil Kumar No. I, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Deepnagar P.S. Case No. 366/2024 registered for the offences under Section 310(2) of the B.N.S.
3. The prosecution case in nutshell is that at about 09:25 P.M. while the informant was traveling on his motorcycle suddenly three persons overtook him and on the point of pistol,
Patna High Court CR. MISC. No.15103 of 2025(2) dt.06-05-2025 2/3 snatched away around Rs. 5,300/- and a mobile and then had further transferred Rs. 19,000/- on four occasions on a certain mobile number, however, they did not loot the motorcycle on which the victim was travelling.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Learned counsel further submits that similarly situated coaccused person namely Manish Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 02.05.2025 passed in Cr. Misc. No. 4141/2025. It is lastly submitted that the petitioner namely Rahul Kumar has clean antecedent and petitioner namely Kundan Kumar has one criminal antecedent in which he is one bail and they are languishing in custody since 04.12.2024 and 07.11.2024.
5. Learned counsel for the State has opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case and taking into account that they are languishing in custody since 04.12.2024 and 07.11.2024, let the petitioners above-named be enlarged on bail on each of them on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.15103 of 2025(2) dt.06-05-2025 3/3 C.J.M. Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 366 of 2024 subject to the conditions :- a. One of the bailors of the petitioners shall be his close relative.
b. The petitioners shall remain physically present in Court on each date of the trial.
c. The petitioners should refrain in interaction with the victim girl or the prosecution side. d. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to the cancelled by the court concerned.
7. Learned counsel for the petitioners is hereby, directed to deposit Rs. 20,000/- to Patna High Court Legal Services Committee, Patna and after payment, the receipt of the same be filed in this Court.
(Sourendra Pandey, J) tusharika/- U T