Kundan Kumar @ Kundan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64819 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- RAGHOPUR District- Supaul ====================================================== Kundan Kumar @ Kundan Kumar Yadav S/o Dhirendra Kumar Yadav @ Gabbbar Singh R/o Village - Hariraha, Ward no. 3, P.S - Karjain, District - Supaul, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner apprehends his arrest in connection with Raghopur P.S. Case No. 138 of 2025 instituted for the offences under Sections 309(5), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. Prosecution case, in short, is that on 12.04.2025 at about 10:20 P.M., the informant and his brother were chased and forcibly stopped by three accused, during which one accused fired shots causing gunshot injuries to the informant's brother.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.64819 of 2025(4) dt.09-02-2026 2/3 petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of confessional statement of the apprehended co-accused. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that as per the material available in the case diary, it was this petitioner who fired upon informant's brother and therefore, he does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case as also the material against the petitioner in the case diary, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own

Patna High Court CR. MISC. No.64819 of 2025(4) dt.09-02-2026 3/3 merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Alok Verma/- U T