Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71873 of 2025 Arising Out of PS. Case No.-172 Year-2025 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

Kundan Kumar Son of Ramdev Mukhiya Resident of Village - Barah Coal, Ward No.- 01, P.S.- Udakishunganj, District - Madhepura. 2.

Nandan Kumar Son of Singho Mukhiya Resident of Village - Barah Coal, Ward No.- 01, P.S.- Udakishunganj, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners seek bail in a case registered for the offences punishable under Sections 103(1) and 3(5) of B.N.S., 2023.

3. The case of the prosecution, in short, is that the petitioners caught hold the son of the informant, namely, Nilesh Kumar and it is alleged that one Dhiren gave a dabiya blow on the back side of neck of Nilesh Kumar due to which Nilesh Kumar died.

4. Learned counsel for the petitioners has submitted that from perusal of the FIR itself, it is clear that the informant

Patna High Court CR. MISC. No.71873 of 2025(2) dt.13-10-2025 2/2 was following his son but he did not attempt to rescue his son and when he reached near the place of occurrence, he found that his son has died. It is further submitted that from perusal of the FIR, it is clear that the allegation against these petitioners is that they have caught hold the deceased and the main thrust of allegation is against Dhiren. It has also been submitted that the petitioners are co-villagers and they are having land dispute as well. The petitioners are in custody since 23.05.2025.

5. The learned APP has vehemently opposed the bail application.

6. Considering the facts and circumstances of the case, let petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-II, Madhepura in connection with Udakishunganj P.S. Case No.172 of 2025, giving rise to S.T. No.260/2025.

(Ashok Kumar Pandey, J) Sanjay/- U T