Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21172 of 2025 Arising Out of PS. Case No.-243 Year-2024 Thana- MANSI District- Khagaria ====================================================== Karan Kumar S/o Alaok Kumar @ Alok Tanti Resident of Vill.- Chakhusaini, Ward No. 10, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mansi P.S. Case No. 243 of 2024, instituted for the offences punishable under Sections 115(2), 126(2), 329(3), 74, 308(3), 303(2), 109(1), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 read with Section 27 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner in drunken condition armed with weapon entered into the house of the informant, abused and assaulted her by legs and fists as well as opened fire upon her but it missed the informant. It is further alleged that the petitioner also took cash of Rs. 10,000/- along with other valuable articles from her house.

Patna High Court CR. MISC. No.21172 of 2025(2) dt.22-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that both the parties are neighbour and due to some land dispute the petitioner has been falsely implicated in this case. During investigation no empty cartridge has been recovered from the place of occurrence. It is further submitted that the informant has not received any firearm injury, rather the injury received by the informant is simple in nature. The petitioner is in custody since 09.10.2024 and has got one criminal antecedent in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.21172 of 2025(2) dt.22-04-2025 3/3 below/concerned Court in connection with Mansi P.S. Case No. 243 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T