Patna High CourtCR. MISC./1735/2025bail granted

Krishna Kumar v. The State Of Bihar

2025-04-11Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1735 of 2025 Arising Out of PS. Case No.-466 Year-2024 Thana- AMARPUR District- Banka ====================================================== Krishna Kumar Son of Triveni Yadav Resident of Village- Sadpur, Police Station- Amarpur, District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate Mr. Ganesh Sharma, Advocate Mr. Vikash Kumar Nigam, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no. 419 of 2024, Amarpur P.S. Case no. 466 of 2024 registered under sections 109, 126(2), 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 and 27 of the Arms Act.

3. As per the prosecution case, the informant states that the petitioner abused and threatened the informant on 12.7.2024. It is further stated that on 13.7.2024, he once again abused, assaulted and also resorted to firing with a country

Patna High Court CR. MISC. No.1735 of 2025(3) dt.11-04-2025 2/3 made pistol, however somehow his son escaped injuries. The petitioner was caught by the villagers and handed over to the police. A country made pistol and a live cartridge was recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner, who happens to be the co-villager of the informant, has been falsely implicated in the case. Neither any person has sustained any firearm injury nor any incriminating article recovered from the petitioner's possession. The petitioner is in custody since 14.7.2024 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation, the petitioner having remained in custody for about 9 months since 14.7.2024 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 419 of 2024 (Amarpur P.S. Case no.466 of 2024) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.1735 of 2025(3) dt.11-04-2025 3/3 satisfaction of the learned Additional District and Sessions Judge-I, Banka.

(Partha Sarthy, J) avinash/- U T