Raj Kumar Sah @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5232 of 2025 Arising Out of PS. Case No.-358 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Raj Kumar Sah @ Raj Kumar Son of Dashrath Sah village- Sripur, Ps- cheria Bariyapur, dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2025 Heard Mr. Bijendra Kumar, learned counsel for the petitioner and Mr. Dinesh Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Begusarai (Town) Ratanpur P.S. Case No. 358 of 2022, F.I.R. dated 17.06.2022 for the offences punishable under Sections 188, 143 and 353 of the Indian Penal Code.
3. According to prosecution case, around 150 persons were gathered in protest of Agniveer scheme and had obstruced the NH-31 and chanting anti-government slogans. When the police tried to pacify the matter then these accused persons started pelting stones upon them.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.5232 of 2025(2) dt.15-02-2025 2/3 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the name of the petitioner has been transpired on the basis of the photographs. He further submits that there is no specific allegation against the petitioner that he has assaulted anyone or damaged any government property.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, there is no specific allegation against the petitioner and he has been made accused on the basis of his photographs, let the petitioner, above named, in the event of 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 the learned Judicial Magistrate 1st Class, Begusarai in connection with Begusarai (Town) Ratanpur P.S. Case No. 358 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure /
Patna High Court CR. MISC. No.5232 of 2025(2) dt.15-02-2025 3/3 Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita 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 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