Md. Kamruddin @ Makra @ Kamruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74114 of 2025 Arising Out of PS. Case No.-61 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Md. Kamruddin @ Makra @ Kamruddin S/o Rasul Miya @ Md. Rasul @ Md. Gulam Rasul R/O Village- Sherna, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Kanti P.S. Case No. 61 of 2024, registered for the offences under Sections 461, 379, 414, 307 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, some students were moving in suspicious condition in NTPC, Kanti premises. They were challenged by CISF personnel but the miscreants opened fire. After retaliatory firing by CISF personnel, the whole area was cordoned off and searched. Co-accused Vikram Kumar was apprehended with 11.65 kg of scrap copper and 35.76 kg of scrap steel. The apprehended co-accused disclosed the name of
Patna High Court CR. MISC. No.74114 of 2025(2) dt.11-11-2025 2/3 the petitioner along with other co-accused persons who entered the premises for committing theft but escaped away from the premises.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case merely on suspicion and on the saying of the co-accused. Except for confessional statement, there is no other material to show the complicity of the petitioner in the said occurrence. It is not believable that though firing was made from both sides, no one received any injuries. From the facts of the case, no offense under Section 306 of the I.P.C. is made out. The petitioner has no concern with the apprehended co-accused, and no offense under other Sections 379 or 414 is made out against the petitioner. The petitioner is in custody since 20.01.2025 and he has criminal antecedent of twelve cases and he on bail in eleven such cases. The charge sheet has also been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that the petitioner is a habitual offender and he is accused in number of cases.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the
Patna High Court CR. MISC. No.74114 of 2025(2) dt.11-11-2025 3/3 submissions of charge-sheet and period of custody and also the fact that the petitioner is not apprehended from the spot, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Class, Muzaffarpur (West), in connection with Kanti P.S. Case No. 61 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) Sudhanshu/- U T