Kundan Singh @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86915 of 2025 Arising Out of PS. Case No.-148 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Kundan Singh @ Kundan Kumar S/o Aravind Singh @ Pappu Singh @ Arvind Kumar Resident of Village- Rasalpur, P.S. - Dumra, DistrictSitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP for the Informant :
Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-03-2026 Heard the parties.
2. The petitioner is in custody in connection with Bajpatti P.S. Case No. 148 of 2024 for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code lodged on 26.05.2024 by the informant, Amresh Kumar.
3. As per the prosecution story, the informant alleged that he receives information about the presence of a dead body lying near a dried pond, reached there and found the dead body of young person with multiple injuries which led to the FIR.
4. Learned counsel for the petitioner submits that he has already suffered by being in custody since 29.06.2024 and if granted relief, he shall be diligently appearing in trial. The further submission is that charges have been framed and
2/4 similar situate Niraj Jha has been extended relief in Cr. Misc. No. 76360 of 2025 (Niraj Jha vs The State of Bihar) on 25.02.2026 by a Coordinate Bench.
5. Let the same be kept on record.
6. Learned APP as also learned counsel for the informant opposes the prayer submitting that the petitioner was last seen with the deceased and also has criminal antecedent.
7. Earlier, the bail application of the petitioner was rejected on 13.08.2025 and one of the reasons was that the bail application of Niraj Jha was also rejected by a Coordinate Bench in Cr. Misc. No. 85465 of 2024 observing that he may renew the prayer after framing of charge.
8. Now, since the charge has been framed, Niraj Jha has been extended bail by the Coordinate Bench, as recorded above, and an undertaking has been given that he shall be diligently appearing in trial, this Court is inclined to extend him the privilege of bail with conditions.
9. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge SC/ST (POA) Act, Sitamarhi in connection with Bajpatti P.S. Case No. 148 of
3/4 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iv) the petitioner shall appear before the concerned police station every month till the conclusion of the trial to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T