Sanjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28550 of 2025 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Sanjit Kumar Son of Ramratan Singh Resident of Village -Budauli PS -Bhagwanganj, Dist- Patna At P/A- Renter of Manichak, ps- masaurhi, Distpatna ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Munna Kumar, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Masaurhi P.S. Case No. 358 of 2022 instituted under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B), 427 of the Indian Penal Code and 3/4 of the Damage of Public Property Act lodged on 18.06.2022 by the informant, Mirtunjay Kumar.
3. As per the prosecution story, the informant alleged that while on duty came to know that due to Agnivir Scheme, the accused assembled and damaged the Taregana Railway Crossing and has also put some motorcycles as also the vehicle on fire.
4. Learned counsel for the petitioner submits that submits that 75 persons named and around 1500 unknown persons were made accused which led to the FIR.
5. Learned counsel submits that the petitioner is a
Patna High Court CR. MISC. No.28550 of 2025(2) dt.19-05-2025 2/3 student having no criminal antecedent, amongst the 75 accused, he was not named. Later, came to know that amongst others, his name has also come which delayed coming to the Court. Last submission is irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.2000/- to the Chief Minister's Relief Fund through Demand Draft issued by the local branch of the State Bank of India.
6. Learned APP opposes the prayer submitting that they were opposing the Agnivir Scheme and in the process, damaged the public property.
7. Considering the submissions of the parties as also that he was not amongst the named accused and has no criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.2000/- to the Chief Minister's Relief Fund through Demand Draft issued by the local branch of the State Bank of India.
8. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court 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 the like amount each in connection with Masaurhi P.S. Case No.
Patna High Court CR. MISC. No.28550 of 2025(2) dt.19-05-2025 3/3 358 of 2022 to the satisfaction of learned A.C.J.M., Masaurhi, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official 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 bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (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 his bail bonds. (Rajiv Roy, J) Ravi/- U T