Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30292 of 2025 Arising Out of PS. Case No.-246 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Kishan Kumar S/o Sanjay Baitha, R/o Vill.- Bhakurahar, P.S.- Bairgania, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Bairgania P.S. Case No. 246 of 2024 in a case registered for the offences punishable under Sections 191(2), 126(2), 115(2), 109, 352, 351(3) and 3(5) of the BNS.

3. The prosecution story, in a nutshell, as per the informant namely, Munna Kumar is that on 21.09.2024 at about 5:50 PM, due to denial for compromising the case bearing Bairgania P.S. Case No. 113 of 2024 by the informant, the accused persons surrounded him and the co-accused Raju Baitha tied his neck by rope, Sanjay Baitha pressed his neck and this petitioner assaulted with iron fighter. Co-accused Nandu Baitha assaulted on his chest.

Patna High Court CR. MISC. No.30292 of 2025(2) dt.04-07-2025 2/2

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There are five assailants including the petitioner but the injury report is totally inconsistent with the allegation made in the FIR and the injury sustained by the informant is simple in nature caused by hard and blunt substance. Petitioner carries two criminal antecedents and is in custody since 28.11.2024.

5. Learned A.P.P. for the State vehemently opposes the bail application.

6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Bairgania P.S. Case No. 246 of 2024. (Prabhat Kumar Singh, J) Shahnawaz/- U T