Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50015 of 2025 Arising Out of PS. Case No.-145 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Kunal Kumar, Son of Tuntun Sharma @ Tuntun Kumar Sharma R/o VillageCheria Bariyarpur (Cheriyabariyarpur), Ward No 07- P.S.- Cheria Bariyarpur (Cheriyabariyarpur), District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sandip Kumar Gautam, Advocate For the State :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks bail in a case registered for the offences punishable under Sections 105, 61(2) and 3(5) of B.N.S., 2023.
3. The prosecution case, in short, is that on the date of occurrence, the finger of son of the informant got cut and he went to get a tetanus injection at the clinic of co-accused Prince Kumar. After getting injection by co-accused Prince Kumar in presence of the petitioner, the son of the informant started sweating profusely and started writhing in agony and died on way to hospital.
Patna High Court CR. MISC. No.50015 of 2025(3) dt.15-10-2025 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the instant case. It is further submitted that from perusal of the FIR, it would be evident that the date of occurrence is 02.08.2024 while the FIR was lodged on 05.08.2024 and the delay in lodging the FIR has not been explained. It is further submitted that deceased Karan Kumar was accompanied by Gulshan Kumar at the time of administering injection which has come in para-6 of the case diary in which Gulshan Kumar has stated that the deceased was injected by co-accused Prince Kumar. It is also submitted that co-accused Prince Kumar has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 03.09.2025, passed in Criminal Miscellaneous No.40363 of 2025. It is lastly submitted that the petitioner is in custody since 02.04.2025.
5. The learned APP for the State vehemently opposed the bail application.
6. Considering the above facts and circumstances of the case, let petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rs.Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul in connection
Patna High Court CR. MISC. No.50015 of 2025(3) dt.15-10-2025 3/3 with Cheria Bariyarpur (Cheriyabariyarpur) P.S. Case No.145 of 2024.
(S. B. Pd. Singh, J) Sanjay/- U T