Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44908 of 2025 Arising Out of PS. Case No.-219 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Tinku Kumar S/o Krishnandan Rai, R/o vill - Matihani, P.S. - Matihani, Distt.- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar, Advocate For the Opposite Party :

Ms. Renuka Ratnakar (App 125) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 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 Begusarai Town P.S. Case No. 219 of 2025, dated 01.06.2025 registered for the offences punishable under Sections 109 of the BNS and under Section 27 of the Arms Act.

3. As per the prosecution case, it is alleged that on 01.06.2025, during the construction work of Begusarai Municipal Corporation road, the informant was coming on a tractor loaded with sand and when he reached near a plant, a person objected the moving of tractor from that side. It is further alleged that the said person called on mobile and two persons armed with fire-arms came to that place and one of that person

Patna High Court CR. MISC. No.44908 of 2025(2) dt.30-07-2025 2/3 (the petitioner) with an intention to kill fired on the informant, but the bullet did not hit the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to ulterior motive. The allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. As per allegation in the FIR, although one firing was made, however, no one got injured. The petitioner is a retired Army personnel and he has licensed arms, hence no case under Section 27 of the Arms Act is made out. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 02.06.2025.

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 petitioner's period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 219 of 2025.

Patna High Court CR. MISC. No.44908 of 2025(2) dt.30-07-2025 3/3

7. The application stands allowed.

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