Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22612 of 2025 Arising Out of PS. Case No.-449 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Saroj Kumar S/o Dharmendra Ram Resident of Village- Mahadev Chak, Semariya, PS- Koilwar, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Ataul Haque, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Koilwar P.S. Case No. 449 of 2024 registered for the offences punishable under Section 317(3) of the Bharatiya Nyaya Sanhita and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The case of the prosecution is that on 15.11.2024, the petitioner along with other associates, had robbed certain truck drivers at gunpoint while they were waiting due to a "jam" with their trucks in the Koilwar area. As per the case of the prosecution, the police conducted a search for the assailants, and on the same day, three persons were apprehended. The petitioner was identified as one of them. One rifle without a butt was
Patna High Court CR. MISC. No.22612 of 2025(2) dt.28-04-2025 2/3 recovered from the possession of the co-accused, and Rs. 16,400/- along with two robbed mobile phones were recovered from the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No occurrence as alleged by the prosecution ever took place. No incriminating article has been recovered from the possession of the petitioner. It is also submitted that there is no likelihood of absconding of the petitioner if he released on bail or tampering with the prosecution evidence. Moreover, the petitioner is languishing in judicial custody since 15.11.2024.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with 449 of 2024 subject to following conditions:- (i) one of the bailor should be the family member/relative of the petitioner.
Patna High Court CR. MISC. No.22612 of 2025(2) dt.28-04-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason may entail cancellation of his bail bond by the Trial Court itself.
(S. B. Pd. Singh, J) Sudhanshu/- U T