Mukund Kashyap @ Karu Singh @ Mukund Murari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40072 of 2025 Arising Out of PS. Case No.-941 Year-2023 Thana- PIRBAHOR District- Patna ====================================================== Mukund Kashyap @ Karu Singh @ Mukund Murari Kumar S/o Narendra Kumar R/o Vill- Sargnon, P.S.- Noor Sarai, Distt- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramji Kumar, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-07-2025 Heard Mr. Ramji Kumar, learned counsel for the petitioner and Mr. Zainul Abedin, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 30.04.2025 in connection with Pirbahor P.S. Case No. 941 of 2023, F.I.R. dated 26.12.2023 for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, the petitioner along with other co-accused persons have assaulted the informant by various weapons.
4. Learned counsel for the petitioner submits that petitioner is in custody since 30.04.2025. and the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has
Patna High Court CR. MISC. No.40072 of 2025(2) dt.04-07-2025 2/3 not committed the offences as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that although the petitioner is named in the F.I.R. but there is no any specific allegation of any assault or over act rather there is general and omnibus allegation against the petitioner and other co-accused persons. He further submits that the date of occurrence is 22.12.2023 but the present F.I.R. has been instituted on 26.12.2023 after delay of about four days afterthough and only to falsely implicate the petitioner and the co-accused person, namely, Ravi Ranjan Kumar as per allegation in the F.I.R. the Ravi Ranjan is the mastermind of the present occurrence has been granted bail vide order dated 21.04.2025 in Cr. Misc. No. 17416 of 2025. He further submits that the police after investigation submitted the charge sheet against the petitioner..
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries three criminal antecedent other than the present one but fairly submits that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
Patna High Court CR. MISC. No.40072 of 2025(2) dt.04-07-2025 3/3 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Pirbahor P.S. Case No. 941 of 2023, subject to the following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 antecedent, 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.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T