Kundan Kumar @ TufaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11420 of 2026
                       Arising Out of PS. Case No.-557 Year-2025 Thana- BIDUPUR District- Vaishali
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                 Kundan Kumar @ Tufani S/O Late Sitaram Singh R/O Village- Pakauli, P.S-
                 Bidupur, Distt.- Vaishali at Hajipur (Bihar).
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :        Mrs. Suman Kumari Singh, APP
                 For the informant        :        Mr. Ranjit Kumar Thakur, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   08-05-2026                      Heard Mr. Rakesh Kumar, learned counsel for the

                   petitioner, Mr. Ranjit Kumar Thakur, learned counsel for the

                   informant and Mrs. Suman Kumari Singh, learned APP for the

                   State.

                               2. The petitioner is apprehending his arrest in

                   connection with Bidupur P.S. Case No. 557/2025, F.I.R. dated

                   27.08.2025 for the offences punishable under Sections 103(1),

                   61(2) read with Section 3(5) of the B.N.S. and Sections 25(1-B)

                   (a), 26, 35 and 27 of the Arms Act.

                               3.    According to prosecution case, some unknown

                   persons have shot fire upon the husband of the informant

                   resulting into his death.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that the allegation as alleged in
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                       the F.I.R. is false and fabricated and the petitioner has not

                       committed any offences as alleged in the F.I.R.

                                   5. The learned Additional Public Prosecutor for the

                       State as well as learned counsel for the informant have

                       vehemently opposed the anticipatory bail of the petitioner on the

                       ground that petitioner carries four criminal antecedents other

                       than the present one but fairly submits that the petitioner is on

                       bail in the said matters. Learned counsel has further submitted

                       that there is direct and specific allegation against the petitioner.

                       Apart from that, the process under Section 82 and 83 of the

                       Cr.P.C. has been issued against the petitioner before filing of the

                       present bail application.

                                    6. Considering the aforesaid fact that the process

                       under Sections 82 and 83 of the Cr.P.C. has been issued against

                       the petitioner so, this anticipatory bail is not maintainable, I am

                       not inclined to grant the privilege of anticipatory bail to the

                       petitioner in connection with Bidupur P.S. Case No. 557/2025

                       pending in the court of learned Judicial Magistrate-1st Class,

                       Vaishali at Hajpur.

                                    7. Prayer is refused.



                                              (Rajesh Kumar Verma, J)
atul/-

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