Kishun Kumar @ Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35989 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- RAJPUR District- Buxar ====================================================== Kishun Kumar @ Kishan Kumar S/o Vinod Chaudhari @ Binod Chaudhary R/o Vill- Sikraul, P.S.- Rajpur, Distt- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-06-2025 Learned counsel for the petitioner is permitted to make necessary correction in para 1 of the bail petition during the course of the day.

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

3. The petitioner is apprehending his arrest in connection with Rajpur P.S. Case No. 69/2025 registered for the offences punishable under Sections 317(5), 313, 3 (5) of the B.N.S.S.

4. As per prosecution case, the informant and other police officials reached at village-Sikraul at night patrolling. The informant saw that three persons were carrying iron rod (sariya) on their shoulders and on seeing the police they threw the iron rod and tried to flee away but one of the co-

Patna High Court CR. MISC. No.35989 of 2025(2) dt.18-06-2025 2/3 accused Birju Kumar was apprehended on the spot. Apprehended co-accused Birju Kumar disclosed the name of petitioner and other who fled away from the place of occurrence.

5. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case due to dirty village politics. Except disclosure of co-accused Birju Kumar, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. The petitioner bears no criminal antecedent. The petitioner is not found at the place of occurrence and no incriminating articles has been recovered from the possession of the petitioner. He further submits that the petitioner has nothing to do with the alleged occurrence.

6. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

7. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.35989 of 2025(2) dt.18-06-2025 3/3 learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Rajpur P.S. Case No. 69/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T