IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11472 of 2022

Arising Out of PS. Case No.-247 Year-2021 Thana- BUNIYAD GANJ District- Gaya

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KARAN KUMAR @ RAHUL KUMAR SON OF BIHARI PRASAD @

BIHARI SAO RESIDENT OF MOHALLA- SHIV CHARAN LANE, NEAR

DEVI ASTHAN, MANPUR P.S.- BUNIYADGANJ, DISTRICT- GAYA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Mrigendra Kumar

For the Opposite Party/s :

Mr.Ramchandra Sahni

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2

13-06-2022

Heard learned counsel appearing on behalf of the

petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the

complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with

Buniyadganj P.S. Case No. 247 of 2021, for the offence

punishable under Sections 394 and 307/34 of the Indian Penal

Code and Section ¾ of the Explosive Substance Act.

The prosecution case, in brief, is that on 12.11.2021

while informant along with his father-in-law was sitting in the

house, in the meantime, three miscreants with intention to

commit robbery switch off the light, when informant asked

them, all miscreants threw bomb on the informant with intention

to kill due to which he sustained injuries. On raising hue and cry

Patna High Court CR. MISC. No.11472 of 2022(2) dt.13-06-2022

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local people reached there and caught the miscreants. All

miscreants revealed their names as Raja Kumar Tanti, Karan

Kumar @ Rahul Kumar (Petitioner) and Suraj Kumar @ Akash

Kumar. The accused persons also sustained minor injuries while

fleeing from the place of occurrence.

Learned counsel appearing on behalf of the petitioner

submits that the petitioner was one of the members of the Barat

in which accidentally crackers burnt and informant sustained

injury. He further submits that no case of robbery is made out

against the petitioner nor he had any motive or intention to kill

the informant. The petitioner has clean antecedent and he is in

custody since 17.11.2021.

Learned A.P.P. for the State has opposed the prayer for

grant of bail to the petitioner and submits that petitioner was

possessed with live bomb and the same had injured the

informant.

Taking into consideration the nature of allegation

made in the F.I.R. as well as the fact that noting has been

recovered from the conscious possession of the petitioner. The

petitioner has made his specific statement that he was

member of the Barat and accidentally the alleged crackers

misfired and injured the informant. The petitioner has clean

Patna High Court CR. MISC. No.11472 of 2022(2) dt.13-06-2022

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antecedent. The Chargesheet has already been submitted and

there is no allegation of tampering of evidence and influencing

the witnesses. The petitioner, above named, is directed to be

enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs.

Twenty Five Thousand) with two sureties of the like amount

each to the satisfaction of the learned A.C.J.M-8, Gaya in

connection with Buniyadganj P.S. Case No. 247 of 2021, subject

to the following conditions:-

(1) Bailors should be local having sufficient

immovable property within the jurisdiction of the Court

concerned.

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

properly represented on each and every date fixed by the Court.

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

witnesses of the case, in that case, prosecution will be at liberty

to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

of offence, after his release on bail, the trial Court shall take

steps to cancel his bail bonds.

manish/-

(Purnendu S