Babul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39616 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Babul Kumar S/o Late Bechan Yadav Resident of Pirnagara, P.S.-Beldour, District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Upon repeated calls, no one appears on behalf of the petitioner. But, learned A.P.P for the State is present.

2. The petitioner is apprehending arrest in connection with Beldour P.S. Case No. 216 of 2024 lodged on 17.06.2024, for the offence punishable under Sections 341, 506, 307 & 34 of the Indian Penal Code read with section 27 of the Arms Act, pending in the Court of Chief Judicial Magistrate, Khagaria.

3. As per the prosecution, FIR has been lodged against 3 named accused persons including the present petitioner and 3 unknown persons against whom there is an allegation that when the informant went to the Government amin for some work then the accused persons came and made indiscriminate firing upon the informant, but somehow, informant saved his life and ran away. The accused persons also threatened the local villagers to

Patna High Court CR. MISC. No.39616 of 2025(2) dt.25-06-2025 2/3 disclose the whereabouts of the informant.

4. It has been pleaded in the present bail application that the petitioner is innocent and has committed no offence and he has falsely been implicated in this case with malicious intention. It has also been pleaded that there is no specific allegation against the petitioner nor the petitioner has any motive to commit the alleged crime. It has further been pleaded that the informant has not stated that which type of vehicle was driven by the accused persons nor the vehicle registration number mentioned. Nothing has been recovered from the petitioner's possession nor from his house and recovery of three cartridges is false. It has further been pleaded that the petitioner is a man of means and as such, there is no chance of absconding or tampering with the evidence and is ready to abide by the terms and conditions whatsoever shall be imposed upon him. It has also been mentioned in paragraph no.3 of the present bail application that the criminal antecedent of the petitioner is not clean as there are two cases pending against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that upon perusal of the impugned order, it transpires that the witnesses have supported the prosecution case and from the place of occurrence, three

Patna High Court CR. MISC. No.39616 of 2025(2) dt.25-06-2025 3/3 empty cartridges have been recovered and there are two criminal cases pending against the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Divyansh/- U T