Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34717 of 2025 Arising Out of PS. Case No.-546 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Nandan Kumar S/O Ramdeni Rai @ Ramdeni Ray R/O Vill.- Kaparsanda, P.s.- Turkauliya, Dist.- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Turkauliya P.S. Case No. 546 of 2022, lodged on 11.06.2022, under Sections 394 of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution, F.I.R. has been lodged against three unknown accused persons, alleging that all the accused, riding on a motorcycle, signalled the informant to stop. When he did not comply, they fired upon him, and one of the accused persons fired on the chest, due to which he fell down, oozing with blood. Thereafter, the miscreants took away Rs.
Patna High Court CR. MISC. No.34717 of 2025(2) dt.04-06-2025 2/3 35,000/- in cash from the informant's bag.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner is not named in the FIR, his name has figured in this case by virtue of the confessional statement of the co-accused. Counsel further submits that the criminal antecedent of the petitioner is not clean, there is one criminal case pending against him, in which he is on bail and he has been in custody since 24.09.2024.
5. Learned APP for the State opposes the prayer for bail and submits that the criminal antecedent of the petitioner is not clean. It is further submitted that, as per the confessional statement, the informant sustained a gunshot injury on the left side of his chest, which was caused by the accused persons and any how the informant's life was saved, though the injuries sustained are grievous in nature.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be released on bail, after framing of charge, if not framed and on being satisfied by the Trial Court that the petitioner is not absconding in Turkauliya P.S. Case No. 575 of 2022 as well as on furnishing bail bonds of Rs.30,000/- (Rupees
Patna High Court CR. MISC. No.34717 of 2025(2) dt.04-06-2025 3/3 Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of C.J.M., Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 546 of 2022, subject to the following conditions as laid down under Section 480(3) of the BNSS.
(Dr. Anshuman, J.) Aman Kumar/- U T