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2025 DAILYLAW 78322 (PAT)

Kundan Kumar @ Kundan Das v. The State of Bihar

CR. MISC./76035/2024 · 2025-02-07

Ramesh Chand Malviya

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76035 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Kundan Kumar @ Kundan Das S/O Dharichan Das @ Dharisharan Das R/O Village - Matiyar Khurd, P.S.- Sahiyara, Dist.- Sitamarhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85607 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Prabhat Kumar S/O Ramu Mahto @ Rambabu Mahto R/O Village- Bhuthi, P.S- Bhuthi, Distt.- Sitamarhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 76035 of 2024) For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP (In CRIMINAL MISCELLANEOUS No. 85607 of 2024) For the Petitioner/s : Mrs. Madhubala Verma, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 3 07-02-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. Petitioners seek regular bail in connection with Sonbersa P.S. Case No.390 of 2023 registered for an offence punishable under Sections 414 of the IPC and Section 25(1-b)a, 26/35 of Arms Act. 3. As per allegation in the FIR, one loaded country- Patna High Court CR. MISC. No.76035 of 2024(3) dt.07-02-2025 2/2 made pistol was found from the waist of petitioner, namely, Prabhat Kumar. 4. Learned counsel for the petitioner submits that petitioners are innocent and have falsely been implicated in the present case. He next submits that petitioners are in custody since 02.04.2024 and 28.12.2023, respectively. He further submits that similarly situated co-accused persons have already been granted regular bail by this Court passed in Cr. Misc. 18133 of 2024 and Cr. Misc. No.19713 of 2024, respectively. 5. Learned APP for the State opposes the prayer for bail of the petitioners. 6. Considering the facts and circumstances of the case and also the fact that similarly situated co-accused persons have already been granted bail by this Court, let the above named petitioners, be released on bail, in connection with Sonbersa P.S. Case No.390 of 2023 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st-Class, Sitamarhi. Harshita/- (Ramesh Chand Malviya, J) U T