Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25465 of 2025 Arising Out of PS. Case No.-52 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Ashish Kumar S/O Ashok Kumar R/O Village- Koriya Pipra, P.S- Prihar, Distt.- Sitamarhi, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Richa For the State :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. At the outset, learned counsel for the petitioner submits that inadvertently the age of the petitioner has been typed in the bail petition as 35 years, however, he is 21 years of age. Hence, she is seeking permission to correct the same in course of day.
3. She is permitted and directed to do necessary correction.
4. The petitioner seeks bail, apprehending his arrest, in connection with Nanpur P.S. Case No. 52 of 2024, dated 04.02.2024, registered for the offences punishable under Sections 307, 341, 323, 324, 325, 504 and 506/34 of IPC.
5. As per allegation, there was altercation amongst the
Patna High Court CR. MISC. No.25465 of 2025(4) dt.23-07-2025 2/3 students in regard to ragging, causing injury to some victims including injury to nose of a victim.
6. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. She further submits that there is no direct allegation against the petitioner and he was just a passer-by and incidentally, was near the place of occurrence, but there is no overt act on his part. Even as per the FIR, there is no overt act alleged against the petitioner. She further submits that the petitioner is a student and 21 years of age and if the anticipatory bail is not granted to him, his career may be spoiled.
7. 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.
8. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
9. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
10. 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
Patna High Court CR. MISC. No.25465 of 2025(4) dt.23-07-2025 3/3 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 with Nanpur P.S. Case No. 52 of 2024, subject to the conditions as laid down under Section 482 (2) of the 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 any criminal antecedents, 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) shoaib/- U T