Madan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24063 of 2025 Arising Out of PS. Case No.-864 Year-2024 Thana- BIHTA District- Patna ====================================================== 1.

Madan Kumar S/O Ram Kumar Ray R/O Village- Anandpur Bind Toli, P.SBihta, Distt.- Patna. 2.

Golu Kumar S/O Ram Kumar Ray R/O Village- Anandpur Bind Toli, P.SBihta, Distt.- Patna. 3.

Sunil Kumar S/O Ram Kumar Ray R/O Village- Anandpur Bind Toli, P.SBihta, Distt.- Patna. 4.

Bhishm Kumar S/O Ram Kumar Ray R/O Village- Anandpur Bind Toli, P.SBihta, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Prasad Yadav For the State :

Mr.Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1, Madan Kumar.

3. Permission is accorded.

4. Accordingly, instant petition is dismissed as withdrawn with respect to petitioner no.1, Madan Kumar.

5. The rest petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under

Patna High Court CR. MISC. No.24063 of 2025(2) dt.30-04-2025 2/3 Sections 127(1), 115(2), 117(2), 109, 352, 121(2), 132, 191(2) and 190 of B.N.S.

6. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.3 has antecedent of one case and the informant alleges that he along with the police force during a liquor raid apprehended Madan and Ranjit, when named accused persons including the petitioners along with 10 unknown accused came and tried to free the apprehended accused and also assaulted the police force.

7. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of assault is general and omnibus in nature. It is also submitted that since petitioners are resident of a place nearby to the place of occurrence, as such, they came to be implicated, when admittedly petitioners are persons with clean antecedent.

8. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application.

9. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the

Patna High Court CR. MISC. No.24063 of 2025(2) dt.30-04-2025 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Danapur, Patna in connection with Bihta P. S. Case No.864 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

10.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T