Shashi Bhusan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28708 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- Badem P.S. District- Aurangabad ====================================================== Shashi Bhusan Kumar S/o Ashok Singh R/o Village- Basantpur, P.S.- NTPC Khaira, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Singh, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-05-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Badem P.S. Case No. 16 of 2025 for the offence under Sections 126(2), 115(2), 132, 109(1), 303(2), 317(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, lodged on 06.03.2025 by the informant Rajesh Kumar.

3. As per the prosecution story, the informant alleged that on secret information, movement of a red colour tractor with illegal sand, it was intercepted, the driver unloaded the sand and in the process the tailor fell down, the Police made the video where it is alleged that the petitioners reached the place and after abuse assaulted the Policemen. The tractor is in the name of Raviranjan Kumar while allegation of using iron rod on Shailendra Kumar.

Patna High Court CR. MISC. No.28708 of 2025(2) dt.15-05-2025 2/3

4. Learned counsel for the petitioner submits that only allegation is that he alongwith Raviranjan Kumar came and abused the Policement, neither he owns the tractor nor any assault theory attributed. Further, he do not have criminal antecedent.

5. Learned APP opposes the prayer for bail submitting that the petitioner was also part of the said mob.

6. Considering the submissions put forward by the parties as also that this petitioner has no criminal antecedent and no specific assault theory is attributed to him, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner 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) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Badem P.S. Case No. 16 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official

Patna High Court CR. MISC. No.28708 of 2025(2) dt.15-05-2025 3/3 document to show his/her bona fide;

(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 will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

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