Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46096 of 2025 Arising Out of PS. Case No.-507 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Karan Kumar Son of Late Tunni Ram R/O Village- Machhua Toli, Domkhana, P.S.- Kadam Kuan, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Khushi Awadh, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2025 Heard Ms.Khushi Awadh, learned counsel for the petitioner and Mr.Satyendra Prasad, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Kadamkuan P.S.Case No.507 of 2023,FIR dated 21.08.2023 registered for the offences punishable under Sections 25(1-b)a,26 and 35 of Arms Act.
3. The case relates to recovery of one Pistol, one cartridge and one mobile.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The name of the petitioner has been transpired during investigation on the basis of the disclosure made by the apprehended co-accused person, namely,
Patna High Court CR. MISC. No.46096 of 2025(2) dt.31-07-2025 2/3 Ashutosh Kumar Dwivedi @ Golu and it appears from the seizure list that the recovery has been made from conscious possession of co-accused person, namely, Ashutosh Kumar Dwivedi @ Golu and he has informed the police that the petitioner was also accompanied with him and petitioner was fled away from the place of occurrence. Learned counsel for the petitioner submits that except the aforesaid, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean antecedent and name of the petitioner has been transpired during investigation on the basis of the disclosure made by the apprehended co-accused person, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Kadamkuan P.S.Case No.507 of 2023, subject to the conditions as laid down under Section 438(2) of the Code
Patna High Court CR. MISC. No.46096 of 2025(2) dt.31-07-2025 3/3 of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other 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/her absence on two consecutive dates without sufficient reason, his/her 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/her 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) Nitesh/- U T