Om Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27330 of 2025 Arising Out of PS. Case No.-116 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== Sonu Kumar S/o Santu Kumar @ Rajeev Sharma @ Rajiv Kumar R/o Village- Bana, Police Station- Khizarsarai, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Ranjan For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-05-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with Khizarsarai P.S. Case No. 116 of 2022, registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.
3. Based upon the written report, the prosecution alleges that on 15.03.2022 one of the villagers informed the informant about theft in his house. Upon information, the informant along with his younger brother went to his village and found that all the locks were broken and an amount of Rs. 5,62,000/-, some ornaments and other valuables have been stolen. On enquiry, the informant suspected the hands of six accused persons including the petitioner.
4. Learned Advocate for the petitioner contended that
Patna High Court CR. MISC. No.27330 of 2025(2) dt.06-05-2025 2/3 the entire case revolves around suspicion based upon a land dispute standing between the parties giving rise to Title Suit No. 4/2022. It is further contended that though the informant came to know about the theft on 15.03.2022 but the FIR has been instituted on 17.03.2022. The assertion of the informant also does not inspire confidence for the simple reason that he has alleged that huge amount of cash was kept in his house; moreover the court below negated the prayer for bail of the petitioner only on account of the fact that despite the submission advanced by the parties that they have already entered into a compromise, the informant did not ensure his presence on the date of appearance. The petitioner is a bona fide student of Intermediate, pursuing his course in A.N. College, Patna having fair antecedent.
5. On the other hand, learned Advocate for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the entire case is based upon suspicion, coupled with the fact of land dispute between the parties and the petitioner being a student of Intermediate having fair antecedent, let the petitioner abovenamed be released on bail, in the event of his arrest or
Patna High Court CR. MISC. No.27330 of 2025(2) dt.06-05-2025 3/3 surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- IV, Gaya in connection with Khizarsarai P.S. Case No. 116 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T