Keshav Kumar Chaudhary @ Keshav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55251 of 2025 Arising Out of PS. Case No.-141 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Keshav Kumar Chaudhary @ Keshav Kumar S/o- Pappu Chaudhary @ Sudarshan Chaudhary @ Sudarshan Kumar Choudhary Resident Of VillageDumariya Bujurg, Ps- Parbatta, Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sriniwas Jha, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2025 Heard the parties.
2. The petitioner is in custody in connection with Parbatta P.S. Case No. 141 of 2025 for the offence punishable under Sections 308(2), 352, 351(2) and 3(5) of the BNS and Sections 25(1-B)A, 26 and 35 of the Arms Act lodged on 22.04.2025 by the informant, Deepak Kumar Sharma.
3. As per the prosecution story, the informant alleged that upon information about roaming of the two accused, the Police raided the place and apprehended Gautam Kumar. The other accused managed to escape and Gautam Kumar gave his name as Keshav Kumar Chaudhary (petitioner herein). From Gautam Kumar, there is recovery of pistol and cartridge. This led to the FIR.
Patna High Court CR. MISC. No.55251 of 2025(2) dt.12-08-2025 2/3
4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession, only because he has criminal antecedents, the Police dragged his name in the FIR and he is in custody since 04.05.2025. The further submission is that if he is found indulge in any criminal activities and granted relief, the bail bond be cancelled.
5. Learned APP opposes the prayer for bail submitting that he has three criminal antecedents.
6. Though criminal antecedents is there against him, nothing has been recovered from his conscious possession, an undertaking has been given that if he is involved in any other crime, the present bail bond be canceled, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 141 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.55251 of 2025(2) dt.12-08-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T