Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4156 of 2026 Arising Out of PS. Case No.-312 Year-2025 Thana- BELDOUR District- Khagaria ====================================================== Sumit Kumar S/O Ranjan Sharma Resident of Vill.- Beldour, P.S.- Beldour, Dist.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar Sinha No. 1, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-02-2026 Heard Mr. Amrendra Kumar Sinha No. 1, learned counsel for the petitioner and Mr. Ram Anurag Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Beldour P.S. Case No. 312of 2025, F.I.R. dated 20.10.2025 for the offences punishable under Sections 191(1), 191(2), 190, 115(2), 109, 121(2), 121(1), 132, 326(G), 352, 351(2) and 351(3) of Bharatiya Nyay Sanhita, 2023.
3. Allegation against the petitioner is that he along with other co- accused persons tried to demolish the fire brigade vehicle and also attacked the police personnel.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.4156 of 2026(2) dt.06-02-2026 2/3 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. It appears from the FIR that FIR is instituted against 200 unknown persons and out of which the police identified 51 persons through CCTV footage and the petitioner is named in the FIR but there is no specific allegation against him. Infact the petitioner was not present at the place of occurrence.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and the fact that the petitioner has clean antecedent there is no specific allegation against him and FIR is instituted against 200 unknown persons including the petitioner, 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-cum-A.M. Khagariya in connection with Beldour P.S. Case No. 312of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
Patna High Court CR. MISC. No.4156 of 2026(2) dt.06-02-2026 3/3 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T