Patna High CourtCR. MISC./45271/2025bail granted

Kundan Kumar v. The State Of Bihar

2026-01-05Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44650 of 2025 Arising Out of PS. Case No.-563 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Rajendra Kumar @ Petaari @ Patori S/O Late Manhak Ray R/O VillageKauakhoh, PS- Chowk, Distt- Patna ... ... Petitioner/s

Versus

The State of Bihar . ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 45271 of 2025 Arising Out of PS. Case No.-563 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Kundan Kumar S/O Rajendra Ray @ Gorakh Rai R/O Mohalla- Patthar Ghat, P.S- Malsalami, Distt.- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 44650 of 2025) For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Arun Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 45271 of 2025) For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-01-2026 Both the cases arise out of the same case i.e. Malsalami P.S. Case No. 563 of 2024 and accordingly, they are being heard together and disposed of with this common order.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners seek bail in a case registered for the

Patna High Court CR. MISC. No.44650 of 2025(4) dt.05-01-2026 2/3 offence punishable under Sections-103 & 3(5) of B.N.S. 2023.

3. As per prosecution case, the informant alleged that his brother used to ply "Thela" and on the fateful day, he received information that the dead body of his brother was found at Patharghat, thereafter, the informant went there and found that the police was there and the face of his brother was brutally damaged.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and they have falsely been implicated in this case. As a matter of fact, the deceased himself was a drunkard. The petitioners are not named in the FIR and except confessional statement which is not leading to recovery, there is nothing against the petitioners. It has also been submitted that according to investigation, the deceased used to tease the co-accused Sudama Devi and the co-accused Sudama Devi has been granted bail by a co-ordinate bench of this court. The petitioners are in custody since 15-01-2025.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 Sub Judge-IV-

Patna High Court CR. MISC. No.44650 of 2025(4) dt.05-01-2026 3/3 cum-A.C.J.M.-IV, Patna City in connection with Malsalami P.S. Case No. 563 of 2024.

(Nawneet Kumar Pandey, J) A.K.V.//- U T