Kundan Kumar @ Kundan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34313 of 2024 Arising Out of PS. Case No.-30 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Kundan Kumar @ Kundan Paswan son of Shyamdeo Paswan Village- Magha Mal Pur, Ps- Khusharupur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302,201, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, on 09.02.2022 at about 7.30PM, when the mother of the informant had gone to natural call, it is alleged that all the 12 FIR, named accused persons including the petitioner took her in the house of co-accused Bidhi Paswan and thereafter killed her by cutting her neck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is no specific allegation against the petitioner. He submits that neither family members of the informant nor any nearby independent witness has disclosed the name of the petitioner. He submits that

Patna High Court CR. MISC. No.34313 of 2024(2) dt.17-05-2024 2/2 similarly situated co-accused has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 28.03.2023 in Cr. Misc. No. 3444 of 2023. He submits that there is general allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application and he is languishing in judicial custody since 20.12.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khusharupur P.S. Case No. 30 of 2022, subject to the condition that the petitioner shall co-operate with the investigation/trial, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) devendra/- U T