Murari Kumar @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46213 of 2025 Arising Out of PS. Case No.-388 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Murari Kumar @ Pramod Kumar Son of Sanjeev Ray Resident of VillageRupasbaj, P.S.- Bachhbara, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Samastipur Mufassil P.S. Case No. 388/2024 dated 23.09.2024 registered for the offence punishable u/s 109, 115(2), 126(2) read with Section 3(5) of the B.N.S. and Section 25(1-B)(a), 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, when the informant was standing at the shop, three miscreants came and one miscreant fired on the informant but he got saved. Thereafter, the informant caught hold of the one miscreant but the other miscreants managed to flee away. During the course of scuffle,

Patna High Court CR. MISC. No.46213 of 2025(2) dt.16-09-2025 2/3 the miscreant fired another shot on the informant which hit him on the back side of his head on the left side. In the meantime, nearby people gathered there and started assaulting the apprehended person. Thereafter, police came and on search, one pistol, two live cartridges and a motorcycle were recovered from the apprehended person who disclosed his name as Murari Kumar (petitioner).

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the said recovery. The injury report filed on behalf of the petitioner during the course of the day and the same is kept on record in which the injury is stated to be simple in nature caused by hard and blunt substance. No one sustained fire arm injury. The petitioner has nine criminal antecedents and he is on bail in nine cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.46213 of 2025(2) dt.16-09-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Samastipur Mufassil P.S. Case No. 388/2024, with the condition :- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T