Kuldeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23068 of 2025 Arising Out of PS. Case No.-243 Year-2024 Thana- DHAMDAHA District- Purnia ====================================================== Kuldeep Kumar S/O Jay Prakash Mahto Resident of Village- Bardela, P.SDhamdaha, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 191(2), 190, 126, 115(2), 109 and 103 of B.N.S.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 22 years and the informant alleges that all accused persons came and Jai Prakash assaulted by lathi causing injury on his head on account of which, the informant became unconscious. Further, when his 14 years son came to save, all the accused persons assaulted him on head and body with lathi and danda causing injury, further also assaulted his wife and brother.

Patna High Court CR. MISC. No.23068 of 2025(2) dt.01-05-2025 2/3

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case being son of Jai Prakash. It is further submitted that the allegation of assaulting the informant is against Jai Prakash Mahto and as far as son of the informant is concerned, the allegation of assault is general and omnibus in nature. It is further submitted that no doubt, the son of the informant subsequently during the course of treatment died, but then, the petitioner came to be implicated merely because his father was involved in the occurrence. It is reiterated and submitted that the allegation of assault is general and omnibus in nature and the petitioner is the young boy aged about 22 years and in the event, if he sent to judicial custody, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail

Patna High Court CR. MISC. No.23068 of 2025(2) dt.01-05-2025 3/3 on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Dhamdaha P. S. Case No.243 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T