Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2 of 2026 Arising Out of PS. Case No.-12 Year-2025 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

Kundan Kumar Son of Binod Ravidas @ Vinod Ravidas, Resident of Village- Satamas PS -Mahkar District -Gaya 2.

Deepak Kumar son of Manohar Manjhi, Resident of Village - Keori, PsMahkar, Dist- Gaya ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Khizarsarai P.S. Case No. 12 of 2025 dated 20.01.2025, registered for the offence punishable under Section 309(4) of the B.N.S., 2023.

3. As per the prosecution case, informant loaded beetroot on his pick-up vehicle and has been taking the same to the market. Some miscreants obstructed his path by putting a four-wheeler before his pick-up vehicle and snatched the goods, mobile phone and Rs. 4,500/- from the informant. Thereafter, they put him in the Scorpio vehicle threatening him with life and lastly, they left him by tying his hands and legs. The name of the petitioners transpired during investigation for being involved in

Patna High Court CR. MISC. No.2 of 2026(3) dt.25-02-2026 2/3 the said occurrence of looting the vehicle of informant.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. Nothing incriminating was recovered from person or possession of the petitioners. The police failed to properly investigate the matter and did not trace out the real culprits in the present case and merely on the basis of suspicion and criminal antecedents of the petitioners, they have been made accused in this case. During whole investigation no material came up against these petitioners, except the confessional statement of the co-accused persons which in any case has got no legal sanctity. After the police arrested the petitioners in one case, a number of cases have falsely been imposed upon the petitioners showing them to be also involved in all these cases. These cases are from the year 2024 and 2025 and thus, in the name of the petitioners antecedent of twelve cases have been shown. Learned counsel lastly submits that petitioners are in custody since 12.02.2025 and chargesheet has been submitted.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the

Patna High Court CR. MISC. No.2 of 2026(3) dt.25-02-2026 3/3 submission of chargesheet and period of custody of the petitioners, the petitioners, above-named, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya / concerned Court, in connection with Khizarsarai P.S. Case No. 12 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

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

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

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

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