Abhiraj Kumar @ Aanshuman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15439 of 2025 Arising Out of PS. Case No.-260 Year-2024 Thana- SIKANDRA District- Jamui ====================================================== Abhiraj Kumar @ Aanshuman Son of Jai Prakash Resident of VillagePirahinda, P.S.- Sikandra, Distt.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Priyanka Singh, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2025 Heard Ms. Priyanka Singh, learned counsel for the petitioner as well as Mr. Lakshmi Kant Sharma learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sikandra P.S. Case No. 260 of 2024, F.I.R. dated 11.08.2024 for the offences punishable under Sections 308(5), 3(5), 324(4) and 352 of the Bhartiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant is a driver of a truck and when the informant and his assistant went for delivering goods by truck to Deoghar and when they reached Pirhinda then two unidentified persons came on a motorcycle stopped the truck near a shed and demanded Rs. 1,000/- as extortion money, stating that the truck would not move further and upon refusal the unidentified persons assaulted him with sticks and snatched Rs. 600/- from his pocket as extortion money.
4. Learned counsel for the petitioner submits that petitioner
Patna High Court CR. MISC. No.15439 of 2025(2) dt.02-04-2025 2/3 has clean antecedent and he has falsely been implicated in the present case. The petitioner is not named in the FIR his name has been transpired during the investigation on the basis of the confessional statement made by co-accused person, namely, Deepak Kumar @ Arpit Kumar and except aforesaid no other cogent material has come during the investigation, which suggests involvement of the petitioner in the present occurrence. is available against the petitioner.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts that the petitioner has clean antecedent and the petitioner is not named in the FIR and his name has been transpired on the basis of the confessional statement made by co-accused person let the petitioner, 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Sikandra P.S. Case No. 260 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:-
Patna High Court CR. MISC. No.15439 of 2025(2) dt.02-04-2025 3/3 i. Petitioner 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 petitioner tampers 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 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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.) Jyoti Kumari/- U T