Arun Kumar @ Arun Kamti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35519 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- KATIHAR NAGAR District- Katihar ====================================================== Arun Kumar @ Arun Kamti S/o- Kanhaiya Lal Kamti Resident of L/268 OT Para PS- Katihar Town, Dist- Katihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Mukund Mohan Jha, Advocate Mr. Abhishek Kumar, Advocate For the State :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Katihar Town PS. Case No-178 of 2025 dated-25.02.2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 & 27 of the Arms Act.
3. There is allegation of blocking the road and doing firing on the road.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no allegation of doing any
Patna High Court CR. MISC. No.35519 of 2025(2) dt.18-06-2025 2/3 firing by the petitioner. In fact, the allegation of doing firing is against the co-accused Shani Rai. There is also no allegation of injury caused to any person. There is case and counter case. The counter case filed by the petitioner side regarding the same occurrence bearing Nagar Katihar P.S. Case No. 176 of 2025.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the case and counter case and injury on both the sides, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Katihar Town PS. Case No-178 of 2025, subject to the
Patna High Court CR. MISC. No.35519 of 2025(2) dt.18-06-2025 3/3 conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T