Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60189 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1.

Kundan Kumar Son of Siyaram Sahni @ Jiyaram Sahni Resident of Village - Vrindavan, Ward No.5, P.S.- Tariyani, Dist.- Sheohar. 2.

Ramesh Kumar Son of Madan Sahni Resident of Village - Vrindavan, Ward No.5, P.S.- Tariyani, Dist.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-09-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 132, 109, 324(4) and 352 of the BNS, 2023.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that he received an information that fire broke out in Ward No. 11 of village Khatarwa, accordingly, the informant along with fire brigade vehicle rushed to the place of occurrence with fire fighters and others, but on the way, lumpen elements blocked the way of the fire brigade vehicle and when passerby

Patna High Court CR. MISC. No.60189 of 2025(2) dt.16-09-2025 2/3 intervened, the accused assaulted him, the informant and fire fighters, but when police came accused fled further some villagers had videographed the occurrence, accordingly, Subhash, Aman and Nitesh were identified who assaulted the passerby Sumit, informant and others along with 10-15 unknown accused, further while fleeing accused left their motorcycle.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant based on confessional statement of the apprehended accused. It is further submitted that petitioner is not alleged with any specific allegation of assault in the confessional statement of the apprehended accused nor the seized motorcycle which was left at the place of occurrence belongs to the petitioners. It is reiterated and submitted that petitioners are persons with clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.60189 of 2025(2) dt.16-09-2025 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tariyani P.S. Case No. 92 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T