Shishupal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6364 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== SHISHUPAL KUMAR S/O LATE DEVENDRA SINGH RESIDENT OF VILLAGE - KHUSARUPUR BHUSKI, WARD NO- 09, P.S- KHUSRUPUR, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the state.
2. The petitioner apprehends his arrest in connection with Khusarupur P.S. Case No. 80 of 2024 dt. 02.03.2024 registered under Sections 341, 323, 307, 379, 504, 506, 34 of the I.P.C.
3. As per the first information report on 01.03.2024 at about 4 P.M. while the informant was loading goods on the pick-up van the petitioner along with other accused persons having pistol and iron rod in their hands came there and assaulted the informant. The accused persons also snatched golden chain and Rs. 25000/- cash from the pocket of the informant and also threatened the informant not to lodge any F.I.R.
Patna High Court CR. MISC. No.6364 of 2025(2) dt.18-03-2025 2/3
4. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to previous dispute. He further submits that no injury has been caused to the informant / victim and the learned Additional Sessions Judge II, Patna City while considering the bail application of the petitioner and other accused persons allowed the bail of similarly situated accused persons by the same impugned order but rejected anticipatory bail of the petitioner on the ground that the petitioner has pressurized the informant to enter into compromise and also threatened and abused the informant. Learned counsel submits that the informant being a co-villager having previous dispute in order to harass the petitioner has falsely filed application alleging that the informant was being threatened by the petitioner and also pressurized for entering into compromise in the matter. The petitioner is having no criminal antecedent and shall abide by all the terms and conditions imposed by this court.
5. Learned counsel for the state submits that it is true that the petitioner is having no criminal antecedent but in the impugned order the learned Additional Sessions Judge II, Patna City has categorically mentioned about the pressure put by the
Patna High Court CR. MISC. No.6364 of 2025(2) dt.18-03-2025 3/3 petitioner upon the informant.
6. Regard being had to the submission made by the parties, taking into consideration the fact that similarly situated accused persons have been granted anticipatory bail by the concerned court and the petitioner is having no criminal antecedent accordingly I am inclined to grant anticipatory bail to the petitioner subject to the condition that he will not repeat the same offence in future and shall not threaten the informant after being released on anticipatory bail.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Pratima Kumari JM 1st , Patna City, Patna in connection with Khusarupur P.S. Case No. 80 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T