Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15817 of 2025 Arising Out of PS. Case No.-512 Year-2024 Thana- OBRA District- Aurangabad ====================================================== 1.

Sudhir Kumar Son of Akshay Singh Resident of Village - Paswan, P.S.- Daudnagar, District - Aurangabad 2.

Lav Kush Kumar Son of Mutur Singh Resident of Village - Paswan, P.S.- Daudnagar, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 318(4), 338, 336(3), 308(5), 3(5) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and the informant alleges that on secret information police reached the place of occurrence and saw that money was being extorted by the accused persons from vehicles coming towards Daudnagar, accordingly, the accused namely, Bindu Kumar was apprehended from whose possession a red and yellow coloured

Patna High Court CR. MISC. No.15817 of 2025(2) dt.16-04-2025 2/3 16 receipts were recovered on which it was written "on direction of Transport Ministry of India", further, Bindu Kumar disclosed the name of the petitioners who fled away from the place of occurrence after seeing the police.

4.

Learned counsel for the petitioners submits that petitioners were not apprehended on the spot as such nothing was recovered from their conscious possession. It is further submitted that they came to be implicated based on the confessional statement of Bindu Kumar, in police custody which does not has evidentiary value. It is also submitted that Bindu Kumar is a co-villager and there happens to be a dispute between them, as such, he falsely implicated the petitioners. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to establish innocence and shall appear before the investigating officer as and when required. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.15817 of 2025(2) dt.16-04-2025 3/3 of the learned trial court where the case is pending/successor court in connection with Obra P.S. Case No.512 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

7.

It is made clear that if the investigating officer of the case files an application before the learned Trial Court that petitioners despite giving assurance to the Court are not cooperating in the investigation in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners. 8.

It is further made clear that if charge sheet is submitted connecting the petitioners with the occurrence in that event the present anticipatory bail order shall come to an end. 9.

Let a copy of this order be sent to the concerned police station through the learned Trial Court.

(Satyavrat Verma, J) shikha/- U T