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Patna High CourtCR. MISC./26105/2025bail granted

Kumar Sundram @ Raj @ Raj Yadav v. The State Of Bihar

2025-05-05Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26095 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- DINARA District- Rohtas ====================================================== Dip Prakash @ Samrat @ Samrat Yadav @ Divya Prakash ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26105 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- DINARA District- Rohtas ====================================================== Kumar Sundram @ Raj @ Raj Yadav ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 26095 of 2025) For the Petitioner/s :

Mr. Avinash Ankit, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 26105 of 2025) For the Petitioner/s :

Mr. Avinash Ankit, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2025 Heard Mr. Avinash Ankit, learned counsel for the petitioners in both cases and Mr. Jitendra Kumar, learned APP for the State in the first case and Mr. Binod Kumar, learned APP for the State in the second case.

2. The petitioners are apprehending their arrest in connection with Dinara P.S. Case No.50 of 2025 for the offence under sections 191(2), 191(3), 190, 118(1), 118(2), 109, 351(2),

2/4 352, 132 of B.N.S. and Section 27 of the Arms Act, lodged on 09.02.2025 by the informant, Amit Kumar.

3. As per the prosecution story, the informant alleged that when the police reached near Radha Krishna temple, found firing/fighting between two parties in which one person received firearm injury on his leg. The name of the accused person came on the information of the local chaukidar as also CCTV footage. One motorcycle bearing no.BR44TXX50 was also seized which led to the FIR.

4. Learned counsel for both the petitioners submit that the motorcycle does not belong to them, only because both have one criminal antecedent, got implicated, they were actually crossing the market but in the CCTV footage, the picture came which led to their presence/implication. He further submits that without accepting the allegation and/or the outcome of the present petition, both the petitioners intend to contribute Rs. 3,000/- each (totaling Rs. 6,000/-) to the Chief Minister's Relief Fund.

5. Learned APP opposes the prayer submitting that chaukidar had named them and in the CCTV footage the faces of both the petitioners have come.

6. Taking into account the submissions of the parties

3/4 as also that FIR lodged, they shall be facing the trial, omnibus allegation of firing was there, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions, subject to payment of Rs. 3,000 each (totaling Rs.6,000/-) to the Chief Minister's Relief Fund through Demand Draft and the receipt be submitted to the learned trial Court.

7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Court of Sessions Judge, Rohtas at Sasaram in connection with Dinara P.S. Case No.50 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioners shall appear before the concerned

4/4 police station every fortnight for next six months to mark his attendance;

(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) anand/- U T