Patna High CourtCR. MISC./84394/2024bail granted

Kundan Kumar v. The State Of Bihar

2024-12-11Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84394 of 2024 Arising Out of PS. Case No.-220 Year-2024 Thana- DHARHARA District- Munger ====================================================== Kundan Kumar Son of Bijay Ram @ Bijo Ram Resident of Village- Aamari, PS- Dharaha, Distt.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Dharahra PS. Case No.-220 of 2024 dated 09.09.2024, registered for the offences punishable under Sections 126(2), 115(2), 109 and 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. As per allegation, the son of the informant was hit by a gunshot going on between two groups.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was only a passerby and there is no specific allegation against the petitioner that it is his gunshot which hit the son of the informant.

Patna High Court CR. MISC. No.84394 of 2024(2) dt.11-12-2024 2/3

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier 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 one 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. S.D.J.M., Munger, in connection with Dharahra PS. Case No.-220 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 additional criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the

Patna High Court CR. MISC. No.84394 of 2024(2) dt.11-12-2024 3/3 petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T