Saurabh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15835 of 2025 Arising Out of PS. Case No.-118 Year-2024 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Saurabh Kumar S/O Avdhesh Ray Resident Of Village- Madhopur Digharua, P.S- Tajpur, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivjee Singh, Advocate For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-09-2025 Heard Mr. Shivjee Singh, learned counsel appearing on behalf of the petitioner and Mr. Md. Mushtaque Alam, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with N.H. Bangra P.S. Case No. 118 of 2024 registered for the offence(s) punishable under Sections 126(2),115(2),352,351(2),303(2) and 3(5) of the BNS and Section 67 of IT Act.
3. As per the allegation made in the FIR, the petitioner borrowed Rs.5,000/- from the informant a year ago. On the alleged date of occurrence, the petitioner called the informant to a place for payment of money. When the informant along with his friends reached there, the petitioner along with
Patna High Court CR. MISC. No.15835 of 2025(3) dt.15-09-2025 2/3 other co-accused assaulted them. The petitioner took out Rs.17,300/- from the pocket of the informant. Thereafter, the accused persons took the informant's mobile and forced him on gun point to demand Rs.50,000/- from his family. The informant managed to get the money transferred through mobile transaction from his friends and Rs.49,9000/- was taken by the accused after scanning his mobile. The accused persons also snatched gold chain of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is ready to return back the amount as has been claimed in the FIR and he will furnish the receipt /proof of deposit. He further submitted that allegation of snatching the gold chain and assaulting the informant is ornamental. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the allegation made in the FIR, which primarily can be resolved by amicable settlement, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail, subject to furnishing of the receipt/proof of the required amount settled between the
Patna High Court CR. MISC. No.15835 of 2025(3) dt.15-09-2025 3/3 parties, at the time of furnishing bail bond.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur / Concerned Court in connection with N.H. Bangra P.S. Case No. 118 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T