Kundan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61364 of 2025 Arising Out of PS. Case No.-248 Year-2025 Thana- KESARIA District- East Champaran ====================================================== Kundan Ram Son of Gajendra Ram @ Gajiya Ram R/o vill- Rajpur P.S. -Kesariya Dist -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Kesaria P.S. Case no.248 of 2025 registered under sections 189(2), 126(2), 115(2), 109, 308(2), 352, 351(2) and 190 of B.N.S, 2023.

3. Allegation in the F.I.R is that informant's nephew Rahis and Afsar were surrounded by accused persons including the petitioner herein and indulged in assaulting them by means of sticks and iron rod causing injuries to them.

4. Learned counsel for the petitioner submits that there is inordinate delay in lodging of the F.I.R and the allegations in the F.I.R are vague in nature inasmuch as no specific allegation has been attributed to any one and the allegations are general and omnibus. It is further submitted that only on account of some prior enmity, the petitioner has been made an accused in the present case. It is also not clear as to what

Patna High Court CR. MISC. No.61364 of 2025(3) dt.15-11-2025 2/2 kind of injuries suffered by the injured, however a discharge summary of a private hospital, which is a part of the case diary, indicates that Md. Rahis suffered some injury on the parietal region, for which CT-Scan has been done. It has further been submitted that the injured was never taken to the government hospital for treatment. The petitioner has no criminal antecedent and he is in custody since 14.06.2025. He undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the above mentioned facts of the case and also considering the fact that general and omnibus nature of allegation against all the accused including the petitioner coupled with the fact that there is inordinate delay in lodging of F.I.R, the petitioner is directed to be enlarged on bail in connection with Kesaria P.S. Case no.248 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/Successor Court.

(Soni Shrivastava, J) Harsh/- U