Kadam Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39407 of 2026 Arising Out of PS. Case No.-181 Year-2026 Thana- ALAMGANJ District- Patna ====================================================== Kadam Kumar @ Chhotu Kumar Son of Shri Surendra Choudhary Resident of Mohalla- Gur Ki Mandi, Gaighat, Arfabad, Rajput Toli, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2026 Heard Mr. Deepak Kumar, learned counsel for the petitioner and Mr. Nagendra Prasad, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 24.02.2026, in connection with Alamganj P.S. Case No. 181 of 2026, F.I.R. dated 24.02.2026 registered for the offences punishable under Sections 305 and 62 of the B.N.S.

3. Allegation against the petitioner is that he was caught red handed from the place of occurrence and police arrested his from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not

Patna High Court CR. MISC. No.39407 of 2026(2) dt.23-06-2026 2/3 committed any offence as alleged in the F.I.R. The petitioner was caught hold in the house of the informant who has tried to enter the wardrobe door. He further submits that from perusal of the F.I.R. it appears that the petitioner has not committed any offence as alleged in the F.I.R. and he was arrested at the place of occurrence and nothing has been recovered from the possession of the petitioner which suggests that he has not committed anything from the house of the informant. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 24.02.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner was arrested at the place of occurrence and apart from aforesaid the petitioner carries three more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.39407 of 2026(2) dt.23-06-2026 3/3 learned A.C.J.M. VI, Patna City, Patna in connection with Alamganj P.S. Case No. 181 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T