Sadhu @ Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12157 of 2025 Arising Out of PS. Case No.-136 Year-2023 Thana- FATUA District- Patna ====================================================== Sadhu @ Ankit Kumar S/O Sanjay Singh R/O - Lashkrichak, P.S- Fatuha, Dist- Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate :
Mr. Gaurav Prakash, Advocate For the State :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2025 Heard Mr. Gaurav Prakash, learned counsel for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Fatuha P.S. Case No. 136 of 2023 for the offence under Sections 323, 341, 385, 379, 504, 506 and 34 of the Indian Penal Code, lodged on 16.02.2023 by the informant, Ravikant Kumar.
3. As per the prosecution story, the informant alleged that the petitioner came to his house armed with pistol and assaulted further, one Monu Kumar demanded extortion, they do not want to informant to execute the work and as such, the F.I.R.
4. Learned counsel for the petitioner submits that the informant is a ward member, the petitioner is a competitor and as such, every now and then he is being implicated by him. The fact
Patna High Court CR. MISC. No.12157 of 2025(3) dt.13-05-2025 2/3 remains that inferior quality work has been done upon protest, the present case. Though he claims to have been assaulted, no injury report is on record.
5. Learned APP opposes the prayer submitting that he has criminal antecedent.
6. In this case, the coordinate Bench had called for the case diary which is on record, in the entire case diary, nowhere the injury report is available.
7. Learned counsel for the petitioner has taken this Court to the paragraph no.3 of the case diary to show that since there was no injury on the person of the informant, no injury report is on record.
8. Taking into account the aforesaid facts, the F.I.R. is there, there is no injury on the person of the informant, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, in connection with Fatuha P.S. Case No. 136 of 2023 subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.12157 of 2025(3) dt.13-05-2025 3/3 the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T