Keshav Kumar @ Naga v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70985 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- FCI District- Begusarai ====================================================== Keshav Kumar @ Naga S/O Ram Vinay Singh R/O Vill.- Bihat, Ward No. 06, Gurudaspur Tola, P.S.- F.C.I., Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP For the Informant :
Mr. Rahul Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with F.C.I. P.S. Case No. 11 of 2025, instituted for the offences punishable under Sections 127(1), 308(4), 109, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Section 27 of the Arms Act.
3. The prosecution case, in short, is that co-accused Chunchun Kumar has fired at the son of the informant due to which he sustained injuries. It is further alleged that the petitioner has also made firing but nobody received any gun shot injury.
Patna High Court CR. MISC. No.70985 of 2025(2) dt.09-10-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific overt act has been attributed against the petitioner rather specific allegation of firing upon informant's son is against co-accused Chunchun Kumar. The petitioner is in custody since 23.07.2025 and has got seven criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 20.05.2025 passed in Cr. Misc. No. 27146 of 2025.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.70985 of 2025(2) dt.09-10-2025 3/3 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with F.C.I. P.S. Case No. 11 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.
(IV) The petitioner will not leave the territorial jurisdiction of the Court below without its prior permission for the same.
(Rudra Prakash Mishra, J) Rajorshi/- U T