Bajrangi Kumar @ Bajrangi Nishad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74857 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- Singhaul District- Begusarai ====================================================== Bajrangi Kumar @ Bajrangi Nishad S/O Pappu Mahto @ Pappu Nishad R/O Vill.- Simariya Ghat, Bind Toli, P.S.- Chakia, Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Singhaul P.S. Case No. 35 of 2025 registered for the offences punishable under Section 112(2) of B.N.S. and Sections 25 (1-b)a, 26, 27 and 35 of the Arms Act.
3. As per prosecution case, the police received a confidential information that the accused persons including the petitioner were engaged in aerial firing to create terror in the area. On seeing the police party, two persons, managed to escape, however, one of the co-accused, namely, Mintu Kumar Bind was apprehended, who revealed that the two persons, who escaped, were Bajrangi Nishad (petitioner) and
2/4 co-accused Dular Kumar Nishad. On search, one live cartridge was recovered from the conscious possession of the co-accused Mintu Kumar Bind and six empty cartridges were found near the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and except disclosure of apprehended coaccused there is nothing on record to connect the present petitioner with the alleged occurrence. It is submitted that the petitioner has been implicated solely on the basis of the confessional statement of co-accused Mintu Kumar Bind, who has already been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No. 34048 of 2025 and the case of present petitioner stands on better footing. Petitioner was not apprehended on the spot. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 07.08.2025 and he bears criminal antecedent of four cases in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
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6. Considering the facts and circumstances of the case, nothing has been recovered from the possession of the petitioner, co-accused has already been granted bail by the Co-ordinate Bench of this Court, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Begusarai in connection with Singhaul P.S. Case No. 35 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or
4/4 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) Nilmani/- U T