Kundan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50837 of 2025 Arising Out of PS. Case No.-242 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

Kundan Pandit S/O Nageshwar Pandit Resident Of Village -Jalsi, P.S - Sahiyara, Dist.- Sitamarhi 2.

Chhatarwa Singh @ Daresh Singh S/O Chandeshwar Singh Resident Of Village -Jalsi, P.S - Sahiyara, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the informant and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Bathnaha P.S. Case No. 242 of 2019, lodged on 30.11.2019, under Section 504 of the Indian Penal Code and under Section 40 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, the FIR has been lodged against three named accused persons including the present

Patna High Court CR. MISC. No.50837 of 2025(2) dt.11-08-2025 2/2 petitioners.

4. Learned Counsel for the petitioners submits that the the petitioners are innocent and have committed no offence. Counsel submits that during investigation not even a single evidence against these petitioners except the disclosure made by apprehended co-accused. Counsel submits that antecedent of the petitioners are clean and they are ready to fulfill all the conditions whatsoever shall be imposed upon them.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. In the light of the allegation, this Court is not inclined to grant anticipatory bail to the petitioners. Hence, the prayer for anticipatory bail of the petitioners is hereby refused. However, in the event of surrender of the petitioners within six weeks from today, the prayer for regular bail shall be considered on its own merit on the same day without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./- U T