Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8327 of 2025 Arising Out of PS. Case No.-100 Year-2022 Thana- ROSHANGANJ District- Gaya ====================================================== Sunil Kumar Son of Sukul Yadav, Resident of Village - Lamboiya, P.S.- Roshanganj, District - Gaya.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Roshanganj P.S. Case No. 100 of 2022, dated 15.05.2022, in a case registered for the offences punishable under Sections 427 and 307 of the Indian Penal Code and under Section 27 of Arms Act.

3. As per the prosecution case, during the construction work of bridge under Pradhan Mantri Gram Sadak Yojana for the route Lemboiya to Pananniya, two motorcycle riders set one JCB machine on fire and also shot helper Pintu Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The petitioner has no concern with the alleged offence. There is no direct or indirect allegation of extortion of money against the petitioner and petitioner no concern

Patna High Court CR. MISC. No.8327 of 2025(2) dt.02-05-2025 2/2 with any anti-social group or any extremist group. The similarly situated co-accused has been granted regular bail by this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 21282 of 2023. The petitioner has one criminal antecedent of similar nature in which he his on bail as stated in paragraph no. 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest / surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Roshanganj P.S. Case No. 100 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, on further condition:

(I) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T