Lefti @ Subham @ Subham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22567 of 2025 Arising Out of PS. Case No.-576 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== Lefti @ Subham @ Subham Kumar S/o Jayram Yadav R/o Mohalla- Bangla Asthan, Pahsi, PS- Kotwali, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Priya Ranjan, Advocate For the State :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Kotwali PS. Case No.576 of 2024, dated.04.112024, registered for the offences punishable under Sections 223, 109 and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per allegation, the Informant received an information regarding an incident of firing between two groups at the time of immersion of idol. It is alleged that six named accused persons, including the petitioner herein were involved in the occurrence.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.22567 of 2025(2) dt.30-04-2025 2/3 case. He further submits that the allegation against the petitioner of firing is false and admittedly, no person was injured in the entire occurrence. He also submits that similarly situated coaccused, Chhotu Yadav has been enlarged on anticipatory bail by a co-ordinate bench of this Court vide order dated 28.03.2025 passed in Cr. Misc No.14361 of 2025.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in five other cases.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court below, in connection
Patna High Court CR. MISC. No.22567 of 2025(2) dt.30-04-2025 3/3 with Kotwali PS. Case No.576 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) ravishankar/- U