Kumar Jee KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90984 of 2025
                       Arising Out of PS. Case No.-428 Year-2025 Thana- ALOULI District- Khagaria
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                 Kumar Jee Kumar S/o Thaku Yadav @ Thakkan Yadav R/o vill - Alauli, P.s.-
                 Alauli, Distt.- Khagaria                              ... ... Petitioner/s
                                               Versus
                 The State of Bihar                             ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Vivekanand Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                    Heard Mr. Vivekanand Singh, learned counsel for the

                   petitioner and Mr. Rajendra Nath Jha, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   30.09.2025 in connection with Alauli P.S. Case No. 428 of 2025,

                   F.I.R. dated 29.09.2025 for the offences punishable under

                   Sections 310(4), 310(5), 303(2) and 3(5) of the BNS, 2023 and

                   Sections 25(1-B)a, 26 and 35 of the Arms Act.

                               3. According to prosecution case, the police got secret

                   information that this some persons are planning to commit some

                   offence. Acting on such information, police have conducted raid

                   and apprehended the petitioner and other accused persons and

                   from this petitioner's possession one country made pistol, three

                   live cartridges and one mobile phone were recovered.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
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          present case. The allegation as alleged in the FIR is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It appears from the seizure list that one

          country made pistol, three live cartridges and one Android Vivo

          mobile phone have been recovered from the possession of the

          petitioner. He further submits that the recovery has also been

          made from the other accused persons namely, Ramvijay Kumar

          @ Ram Vijay Kumar who has been granted bail by a Co-ordinate

          Bench of this Court vide order dated 19.02.2026 passed in Cr.

          Misc. No. 9500 of 2026 and another co-accused, namely, Kundan

          Kumar has also been granted bail by a Co-ordinate Bench of this

          Court vide order dated 28.01.2026 passed in Cr. Misc. No. 3063

          of 2026. He further submits that the police after investigation

          submitted the charge sheet against the petitioner. The petitioner is

          in custody since 30.09.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries two criminal antecedents other than

          the present one.

                       6. Considering the aforesaid facts and circumstances

          that the similarly situated co-accused persons have been granted

          bail by a Co-ordinate Bench of this Court, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.
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                      10,000/- (Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Chief Judicial Magistrate,

                      Khagaria in connection with Alauli P.S. Case No. 428 of 2025,

                      subject to the 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 absence on two consecutive dates without sufficient

                      reason, his 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.

                                   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 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)
Vanisha/-
U      T