Varun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54996 of 2025 Arising Out of PS. Case No.-595 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Varun Kumar S/O Babloo Prasad @ Bablu Prasad @ Mukesh Kumar R/O Durga charan lane, Belbarganj, P.S.- Alamganj, Dist.- Patna, Bihar-800007 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar Paswan, Adv For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Alamganj P.S Case No. 595 of 2024 registered for the offences punishable under Sections 309(6) of the BNS and Section 27 of the Arms Act.

3. As per allegation in the FIR, petitioner along with other co-accused persons have assaulted the informant and fired upon him with the intention to kill him. Moreover, they have snatched his mobile phone, headphones and chain.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that FIR has been instituted against unknown accused

Patna High Court CR. MISC. No.54996 of 2025(3) dt.16-10-2025 2/3 persons. He further submits that there is absolutely no evidence which shows the involvement of the petitioner is the present case. He further submits that charge sheet has already been submitted against the other co-accused persons. He further submits that the only evidence linking the petitioner to the crime is confessional statement made to the police except this there is no evidence which connect the petitioner with the alleged occurrence. Moreover, no TIP has been conducted as yet by the Police Officials and nothing incriminating has been recovered from the possession of the petitioner. It is also submitted that petitioner is in judicial custody since 18.12.2024 having ten criminal antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary and the impugned order dated 26.03.2025, it appears that there is no recovery from the possession of the petitioner and till now no TIP has been conducted as yet by the Officials concerned. Moreover, petitioner is not named in the FIR. So considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.54996 of 2025(3) dt.16-10-2025 3/3 Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI Patna City, Patna Bihar in connection with Alamganj P.S Case No. 595 of 2024 subject to the condition that petitioner shall by physically present on each and every date fixed by the Trial Court till and conclusion of the trial and if any similar case reported against the petitioner except the present case, then it will be treated as the misuse of the bail by the petitioner and prosecution shall be at liberty to file an application before the appropriate forum regarding cancellation of the bail bonds of the petitioner. (Ramesh Chand Malviya, J) Sunnykr/- U