Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27978 of 2025 Arising Out of PS. Case No.-638 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== Shailendra Kumar S/O Gandhi Singh R/O Village- Kulna, P.S- Akbarpur, Distt.- Nawadah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 120B, 34 of the IPC and later on added Section 306 of the IPC. 3.

The learned counsel for the petitioner submits that petitioner had earlier moved seeking anticipatory bail by filing Cr. Misc No. 32975 of 2022 and the same was allowed by an order dated 22-8-2022, with a condition that in the event if charge-sheet is submitted against the petitioner, in that event, the order dated 22-8-2022 shall lose its effect. 4.

Learned counsel for the petitioner next submits that FIR was instituted under Section 302, 120B and 34 of the IPC, but after investigation, the police submitted charge-sheet against implicating the petitioner also but then charge-sheet was

Patna High Court CR. MISC. No.27978 of 2025(2) dt.25-04-2025 2/2 submitted under Section 306 of the IPC and the learned trial court also took cognizance of offence under Section 306 of the IPC. It is further submitted that petitioner is not related with the deceased in any manner. It is also submitted that while granting anticipatory bail to the petitioner by order dated 22-8-2022 in Cr. Misc No. 32975 of 2022, the Court had recorded the order in detail.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Akbarpur P.S. Case No. 638 of 2021, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) SUMIT/- U T