Kushagra Kumar @ Kushagra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29545 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- KUTUMBA District- Aurangabad ====================================================== Kushagra Kumar @ Kushagra S/o Manoj Kumar Gupta @ Manoj Gupta R/o Village- Karma Bhagwan, P.O.- Karma Bhagwan, P.S.- Muffasil (Aurangabad), District- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Adv.

For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. This bail application has been filed on a priority basis because the petitioner is appearing in the B.Sc Examination which is scheduled on 02.05.2025.

3. The petitioner has preferred this application for grant of regular bail in connection with Kutumba P.S. Case No. 07 of 2025 dated 06.01.2025 registered for the offences punishable Sections 25(1-B)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, one country made pistol, one live cartridge and a mobile phone were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.29545 of 2025(2) dt.01-05-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. Learned counsel has further submitted that the petitioner is 18 years old and he is pursuing his graduation in Science from Sinha College, Aurangabad. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.01.2025.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Kutumba P.S. Case No. 5137048250007 of 2025, with the condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates

Patna High Court CR. MISC. No.29545 of 2025(2) dt.01-05-2025 3/3 without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T