Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37445 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- ROSERA District- Samastipur ====================================================== Kundan Kumar, S/O Ramesh Yadav, R/O Village- Sahiyar Burj, P.S.- Rosera, Distt.- Samatipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rosera P.S. Case No. 291 of 2024 for the offences registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 352, 351(2) of the BNS and Section 27 of the Arms Act.

3. As per prosecution case, four miscreants came at the house of the informant and started abusing and on protest they started firing and Kundan Kumar (petitioner) shot upon the husband of the informant and fled away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to land dispute. No any incriminating article has been recovered from possession of the petitioner. Petitioner

Patna High Court CR. MISC. No.37445 of 2025(3) dt.13-08-2025 2/2 is in custody since 28.11.2024 having no criminal antecedent.

5. Learned counsel appearing on behalf of the State vehemently opposes the prayer for grant of bail to the petitioner and submits that the medical report corroborated the allegation made against the petitioner. There is direct allegation against the petitioner that he has fired on the victim causing grievous injury to him, therefore, the bail petition of the petitioner is liable to be rejected at this stage.

6. Having considered the facts and circumstances of the case and submission made on behalf of the parties, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail petition of the petitioner is dismissed. (Sunil Dutta Mishra, J) khushbu/- U T