Kundan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Kundan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: in the event of arrest/surrender within eight weeks, petitioner to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Khaira P.S. Case No. 102 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, who apprehends arrest in Khaira P.S. Case No. 102 of 2024 (District Jamui), registered for offences under Sections 399 and 420 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act, should be granted anticipatory bail.

Court's answer

Considering the facts and circumstances, the nature of the accusation and the clean antecedents of the petitioner, the court allowed the prayer for grant of anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest or surrender within a period of eight weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui in connection with Khaira P.S. Case No. 102 of 2024, subject to the condition laid down under Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Prabhat Kumar Singh, J.) allowed the prayer of Kundan Kumar, who apprehended arrest in Khaira P.S. Case No. 102 of 2024 (District Jamui) registered under Sections 399 and 420 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The petitioner was said to have been implicated only on the basis of the confessional statement of a co-accused apprehended at the spot with illegal arms and ammunition, no incriminating article was recovered from his conscious possession, and he claimed clean antecedents; despite the APP's opposition, the bail prayer was allowed. In the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9797 of 2025

Arising Out of PS. Case No.-102 Year-2024 Thana- KHAIRA District- Jamui

======================================================

Kundan Kumar S/O Chhotu Yadav R/O Vilage- Chahanbar, P.S- Garhi, Dist.Jamui.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner : Mr. Anuj Kumar, Advocate For the State : Mr. Umanath Mishra, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 22-03-2025

Heard learned counsels for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 399 and 420 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per prosecution case, four persons were apprehended at the spot with illegal arms and ammunition and one person fled away.

It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has been made an accused in this case only on the basis of confessional statement of coaccused person who was apprehended at the spot with illegal arms and ammunition. No incriminating article has been

Patna High Court CR. MISC. No.9797 of 2025(2) dt.22-03-2025 2/2

recovered from conscious possession of this petitioner. Petitioner claims clean antecedents.

Learned A.P.P. for the State has vehemently

opposed the prayer for grant of anticipatory bail to the petitioner.

Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Khaira P.S. Case No. 102 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J)

shashank/-

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