Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69219 of 2025 Arising Out of PS. Case No.-64 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== 1.
Kundan Kumar Son of Late Raj Kumar Singh Resident of Village - Naipur, P.S.- Bachhwara, Dist. - Begusarai.
2.
Subodh Kumar @ Subodh Singh Son of Sri Vidya Sagar Singh Resident of Village - Naipur, P.S.- Bachhwara, Dist. - Begusarai. 3.
Ajay Singh Son of Late Hari Nandan Singh @ Late Murari Singh Resident of Village - Naipur, P.S.- Bachhwara, Dist. - Begusarai. 4.
Rakesh Singh @ Rakesh Kumar Son of Late Jai Shankar Singh @ Late Jai Kishor Singh Resident of Village - Naipur, P.S.- Bachhwara, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehends their arrest in connection with Bachhwara P.S. Case No. 64 of 2023 registered for the offences under Sections 341, 323, 307, 379, 379, 504/34 of the I.P.C.
3. As per the prosecution case, the informant has alleged that the named accused persons, along with ten unknown persons, assaulted him with an iron rod and caused injury to his brothers, namely, Md. Tanvir and Md. Sahbaj and
2/4 also snatched away Rs.85,000/-.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case and no such incident as stated has occurred. It has further been submitted that there is a long-standing civil dispute between the petitioners and the informant's family and on account of such dispute, the present case has been lodged against them. It has next been submitted that a counter-case was also lodged by the sister-inlaw (bhabhi) of the petitioner no. 1. Learned counsel has drawn the attention of this Court towards Annexure-P/3 series, which is the injury report of the injured persons and from the perusal of the same, the injuries sustained were found to be simple in nature. It has lastly been submitted that the petitioner nos. 2 to 4 have clean antecedent, while petitioner no. 1 has been accused in one complaint case.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten
3/4 thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Bachhwara P.S. Case No. 64 of 2023 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court
4/4 below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the present application stands disposed of.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U T