Sagar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30327 of 2025 Arising Out of PS. Case No.-504 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Sagar Kumar Son of Baban Prasad VILLAGE-PANCH MANDIR ROAD ,NEAR RANI SATI, MANDIR PS-TOWN DISTRICT-EAST CHAMPARAN MOTIHARI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate.
For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard Mr. Sharda Nand Mishra, learned counsel appearing on behalf of the petitioner and Mr. Surendra Prasad Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Motihari Town P.S. Case No. 504 of 2024 registered for the offence punishable under Sections 191(2), 191(3), 190, 126, 329(4), 115(2), 118, 109 and 303(2) of the BNS, 2023.
3. As per the allegation made in the F.I.R., all the accused persons including the petitioner and 25-30 unknown persons are said to have abused and assaulted the informant and his family members with an intention to kill them. Specific allegation of giving knife blow on the head of the informant is against co-accused Nikhil Kumar.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30327 of 2025(2) dt.15-05-2025 2/3 petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case. Specific allegation of assault is against the co-accused Nikhil Kumar who has been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 12.02.2025 passed in Cr. Misc. No. 2984 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation made against the petitioner and the fact that the co-accused Nikhil Kumar against whom there is specific allegation of assaulting the informant has already been granted pre-arrest bail by a coordinate Bench of this Court, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 504 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner
Patna High Court CR. MISC. No.30327 of 2025(2) dt.15-05-2025 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T