Kunal Kumar @ Kunal Singh @ Dogaliya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4129 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Kunal Kumar @ Kunal Singh @ Dogaliya Son of Late Parmanand Singh @ Ramanand Singh Resident of Village - Itwa, P.S. - Singhaul (O.P.), District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mirityunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Muffasil (Singhaul OP) PS Case No. 100 of 2024, instituted for the offence punishable under Sections 385, 387, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case in short is that on 19-02-2024 party was organized at the house of one Munna Kumar and the firing was also done by the miscreants on the road in front of the house of said Munna Kumar with the intention of spreading terror in the locality.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.4129 of 2025(2) dt.12-02-2025 2/3 case. It is further submitted that from perusal of the FIR itself, it would appear that only one firing has been made, but the allegation of firing is attributed against four accused persons. There is no specific allegation against the petitioner rather the allegation is general and omnibus in nature. Charge sheet has been submitted in the case. Lastly, it has been submitted that four criminal cases are pending against the petitioner. The petitioner is in custody since 05-07-2024.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Begusarai or successor court, Begusarai, in Muffasil (Singhaul OP) PS Case No. 100 of 2024, subject to the following conditions:- (i) that the petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall
Patna High Court CR. MISC. No.4129 of 2025(2) dt.12-02-2025 3/3 also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS every fortnightly for the next six months.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T