Sagar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9599 of 2025 Arising Out of PS. Case No.-452 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.
Sagar Kumar Son of Ajay Prasad Resident of South Mohalla, ward no 24, Bhabua, P.s -Bhabhua, Dist- Kaimur 2.
Shivam @ Shivam Kumar Son of Sanjay Prasad Resident of ward no 24, Bhabua, P.s -Bhabhua, Dist- Kaimur 3.
Rajan @ Rajan Kumar Son of Sunil Prasad Keshari Resident of South Mohalla, ward no 24, Bhabua, P.s -Bhabhua, Dist- Kaimur 4.
Satya yadav @ Krishna Kumar son of Bindhyachal Singh Yadav Resident of Purab Muhalla, Mahavir Sthan, Bhabua, P.s -Bhabhua, Dist- Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2025 Heard Mr. Vinod Kumar Seth, learned counsel for the petitioners and Mr. Ram Bilash Roy Raman, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bhabhua P.S. Case No. 452 of 2023, F.I.R. dated 24.05.2023 for the offences punishable under Sections 147, 149, 341, 342, 323, 307 and 379 of the Indian Penal Code.
3. According to prosecution case, petitioners along with other 40-50 persons having armed with lathi-danda attacked the son of the informant, chased and caught and
Patna High Court CR. MISC. No.9599 of 2025(2) dt.07-03-2025 2/3 snatched away cash of Rs. 15,000/-.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that it appears from the FIR that although the petitioners are named in the FIR but there is no specific allegation against the petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners and informant is not the eye witness of the alleged occurrence.
5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts that the petitioners have clean antecedent and there is no specific against the petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners, let the petitioners, 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 bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with
Patna High Court CR. MISC. No.9599 of 2025(2) dt.07-03-2025 3/3 Bhabua P.S. Case No. 452 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioners 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 petitioners tamper 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioners. 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) ajay/- U T