Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24065 of 2025 Arising Out of PS. Case No.-1279 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Rahul Kumar S/o Mundesh Paswan @ Mundeshwar Paswan R/o Karhari Ghata, P.S.- Bhagwanpur, Distt.- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Abhigyan For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 111, 317(3) of the Bharatiya Nyaya Sanhita and Sections 25(1-B)a, 26 and 35 of Arms Act.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of one case. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that petitioner was not apprehended from the spot rather his name transpired in the confessional statement of apprehended accused in police custody, which does not have any evidentiary value. It is further submitted that petitioner was a person with clean antecedent but then the accused who took

Patna High Court CR. MISC. No.24065 of 2025(2) dt.30-04-2025 2/3 his name in his confession, alleged that petitioner was involved in an occurrence earlier with him on account of which he came to be implicated in Mahua PS Case No. 1269 of 2024 also. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahua P.S. Case No. 1279 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

6.

One of the bailors of the petitioner shall be his father, Mundesh Paswan @ Mundeshwar Paswan.

7.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner,

Patna High Court CR. MISC. No.24065 of 2025(2) dt.30-04-2025 3/3 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 forthwith cancel the bail bonds of the petitioner after recording reasons. 8.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) SUMIT/- U T