Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2158 of 2025 Arising Out of PS. Case No.-30 Year-2024 Thana- Kusumbha District- Sheikhpura ====================================================== Kundan Kumar, (Male), aged about 22 years, Son of Sunil Yadav @ Sulo Yadav, R/o Village - Badhaiya (Kusumbha), P.S.- Kusumbha, Dist.- Sheikhpura.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dinkar Kumar, Advocate For the Opposite Party :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 191 of 2024, arising out of Kusumbha P.S. Case No. 30 of 2024 dated 17.06.2024 registered for the offences punishable under Sections 302, 506 read with Section 34 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons alongwith two unknown miscreants came to the house of the informant and Kundan Kumar (petitioner) fired on the informant's niece Sudha Kumari due to which she succumbed to the injury.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.2158 of 2025(2) dt.14-02-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that both parties are agnates. It is further submitted that the informant Deepu Yadav has deposed before the learned court below as P.W. 2 and in his deposition he has deposed that the co-accused Raj Kumar Yadav has opened gunshot firing on the informant's niece Sudha Kumari which hit her and she died, annexed as Annexure-P/2 to the present bail application. There is earlier cases between the parties. He has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Sunil Yadav @ Sulo Yadav has already been granted bail by a Bench of this Court vide Cr. Misc. No. 60818 of 2024 under order dated 04.09.2024, annexed as Annexure-P/4 to the present bail application. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 18.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Principal

Patna High Court CR. MISC. No.2158 of 2025(2) dt.14-02-2025 3/3 District and Sessions Judge, Sheikhpura in connection with Sessions Trial No. 191 of 2024, arising out of Kusumbha P.S. Case No. 30 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T