Kamran Haidari @ Md. Rukhsar @ Rukhsar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19655 of 2025 Arising Out of PS. Case No.-18 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Kamran Haidari @ Md. Rukhsar @ Rukhsar S/o Haider Ali Resident of Village- Bhagirathpur, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md.Najmul Hodda, Advocate For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Warisnagar (Mathurapur O.P.) P.S. Case No. 18 of 2024 registered for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case in nutshell is that when the informant along with his grandson was going to Samastipur Civil Court for evidence by a tempo, four FIR named accused persons surrounded him and started firing indiscriminately which caused death of his grandson.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and during the course of investigation, his name has transpired in the confessional
2/4 statement of one co-accused Ankit Kumar. Learned counsel further submits that except the confessional statement there is no material to connect the petitioner with the crime. Learned counsel further submits that similarly situated co-accused namely Deepak Kumar @ Dipak Choudhary and Kamran Haidari @ Md. Rukhsar have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 18.12.2024 passed in Cr. Misc. No. 51608/2024. It is lastly submitted that the petitioner has four criminal antecedents on which he is on bail and is languishing in custody since 13.11.2024.
5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that the name of the petitioner has surfaced in the confessional statement of one tempo driver namely Ankit Kumar who had seen the incident.
6. Considering the aforesaid facts and circumstances of the case and taking into account that apart from the confessional statement of one tempo driver namely Ankit Kumar, there is nothing against the petitioner to connect him with the aforesaid crime and similarly situated co-accused namely Deepak Kumar @ Dipak Choudhary and Kamran Haidari @ Md. Rukhsar have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 18.12.2024
3/4 passed in Cr. Misc. No. 51608/2024, let the petitioner abovenamed be enlarged on bail 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 Chief Judicial Magistrate, Samastipur in connection with Warisnagar (Mathurapur O.P.) P.S. Case No. 18/2024 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. The petitioner 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 petitioner will be liable to the cancelled by the court concerned.
e. 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
4/4 below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) tusharika/- U T