Kishan @ Kishan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81476 of 2025 Arising Out of PS. Case No.-773 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Kishan @ Kishan Kumar S/o Ajay Paswan R/o Village- Turkauliya, Nimuiya Tola, Post and P.s.- Turkauliya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumit Kumar Gupta For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-12-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with Town P.S. Case No. 773 of 2025, registered for the offences punishable under Sections 191, 191(3), 190, 352, 109(1) of the BNS.
3. While the informant and his friend were at the tea shop, in the meanwhile, the petitioner along with eight others came there and started abusing and assaulting. It is specifically alleged that co-accused Aditya Kumar and Vishal Singh gave repeated knife blows due to which the informant sustained serious injuries.
4. Learned Advocate for the petitioner submits that from the narratives of the FIR it is evident that except the
Patna High Court CR. MISC. No.81476 of 2025(2) dt.10-12-2025 2/3 petitioner is said to be one of the participant of the crime, there is no allegation of any active overt act. Specific accusation has been levelled against co-accused Aditya Kumar and Vishal Singh, who are not before this Court. The reason behind false implication is that there is previous criminal antecedent. However, it is submitted that the petitioner is on bail in the said case. The petitioner undertakes that he will fully cooperate in the proceeding of the court and would abide by the terms and conditions.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioner has actively participated in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation, coupled with the fact the petitioner is a boy of tender age, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-2, East Champaran, Motihari in connection with Town P.S. Case No.
Patna High Court CR. MISC. No.81476 of 2025(2) dt.10-12-2025 3/3 773 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T