Patna High CourtCR. MISC./81741/2024bail granted

Veeru Kumar @ Viru Kumar@ Veerv Kumar v. The State Of Bihar

2024-12-04Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81741 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Veeru Kumar @ Viru Kumar@ Veerv Kumar S/O Siyalal Mahto @ Seeyalal Mahto R/O Vill- Bhagirathpur, P.S. - Kalyanpur, District - Samastipur (Bihar) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vinay Kumar Mishra, Advocate For the State :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard Ld. counsel for the petitioner and Ld.

APP for the State.

2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Kalyanpur Police Station Case No. 235 of 2024, 11.09.2024 registered for the offences punishable under Sections 126(2), 109, 115(2), 190 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the allegation, the Petitioner alongwith other co-accused were doing air firing.

4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case due to previous enmity.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier

Patna High Court CR. MISC. No.81741 of 2024(2) dt.04-12-2024 2/3 either for anticipatory bail or regular one in the instant case.

6. It has further been stated paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Judicial Magistrate-Vth, Samastipur in connection with Kalyanpur Police Station Case No. 235 of 2024, subject to the conditions as laid down under Section 438 (2) Cr. P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.81741 of 2024(2) dt.04-12-2024 3/3 below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T