Kundan Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91055 of 2025 Arising Out of PS. Case No.-419 Year-2025 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Kundan Raj S/o Vinod Kumar Resident of Mohalla- Rehatpur, New Nalanda Colony Near Royal Public School, P.S.- Laheri, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Laheri P.S. Case No. 419 of 2025 registered for the alleged offences under Sections 140(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26 and 35 of the Arms Act.

03. As per prosecution case, police received information about abduction of a youth and a raid was conducted on the basis of tower location. Petitioner and other co-accused persons were apprehended and from the possession of the petitioner, recovery of Rs. 45,000/- of cash was made apart from one I-pad and a smart mobile phone. From other two co-accused persons, recovery of loaded pistol with five

Patna High Court CR. MISC. No.91055 of 2025(3) dt.24-02-2026 2/3 cartridges each was made. The abducted youth was also recovered from the place from where the petitioner was apprehended.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has not participated in the alleged abduction and hence, no offence is made out against the petitioner on this account. The amount shown as recovery from this petitioner belongs to him which he has got after entering into an agreement of sale. No firearm or ammunition has been recovered from this petitioner. Even the abducted youth has not named this petitioner for any wrong doing. Learned counsel further submits that the petitioner is having clean antecedent. The petitioner is in custody since 29.08.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery of any firearm has been shown from this petitioner and also considering the nature of material against him and further considering the period of custody of the

Patna High Court CR. MISC. No.91055 of 2025(3) dt.24-02-2026 3/3 petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif/court concerned in connection with Laheri P.S. Case No. 419 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T