Kaushal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17608 of 2026
                       Arising Out of PS. Case No.-271 Year-2024 Thana- DUMRA District- Sitamarhi
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                 Kaushal Kumar S/o- Birendra Rai Resident Of Village- Rusulpur Tole
                 Mirchaiya, Ps- Dumra, Dist- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar, Advocate
                 For the Opposite Party/s :        Mr.Rajendra Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                    Heard Mr.Sanjay Kumar, learned counsel appearing

                   for the petitioner and Mr.Rajendra Singh, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Dumra P.S. Case No. 271 of 2024, F.I.R. dated

                   19.06.2024 for the offences punishable under Sections 109, 110,

                   114, 115, 182, 194, 195, 201, 202, 203, 111, 120B and 34 of the

                   Indian Penal Code.

                                3. According to prosecution case, all the accused

                   persons including the petitioner have participated in the

                   cremation of Abhilasha Kumari (deceased) who was murdered

                   by Raj Kumar Rai and they have concealed the facts about the

                   aforesaid murder from the police.

                                4. Learned counsel appearing for the petitioner
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          submits that the petitioner has clean antecedent. The allegation

          as alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the FIR. As per

          allegation in the FIR, the petitioner and other co-accused

          persons have concealed the facts in connection with Dumra

          P.S.Case No.372/2023 due to which the dead body of the

          deceased in connection with Dumra P.S.Case No.372/2023 was

          not recovered by the police and the petitioner and other co-

          accused persons have narrated the wrong story about Dumra

          P.S.Case No.372/2023 before the police. Learned counsel for the

          petitioner submits that for the same set of allegation,     co-

          accused persons, namely, Puran Rai & Anr. have been granted

          privilege of anticipatory bail by this Court vide order dated

          20.05.2025 passed in Cr. Misc. No.26317 of 2025 and co-

          accused persons, namely, Ram Padarath Kumar and others have

          also been granted privilege of anticipatory bail by this Court

          vide order dated 10.07.2025 passed in Cr. Misc. No.35037 of

          2025 respectively and other co-accused persons have also been

          granted privilege of anticipatory bail by different Coordinate

          Benches of this Hon’ble Court and the case of the petitioner is

          on similar footing.

                         5. Learned A.P.P. for the State has vehemently
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          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent and similarly situated co-accused persons, have been

          granted privilege of anticipatory bail by this Court of different

          Coordinate Benches of this Hon’ble Court, let the petitioner,

          above named, in the event of his arrest or surrender before the

          court below within a period of thirty days from the date of

          receipt of the order, be released 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 Chief Judicial

          Magistrate, Sitamarhi in connection with Dumra P.S. Case No.

          271 of 2024, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure/Section

          482(2) of BNSS,2023 and with other following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.
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                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his/her

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T