Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36027 of 2026 Arising Out of PS. Case No.-312 Year-2025 Thana- BELDOUR District- Khagaria ====================================================== 1.

Raja Kumar S/O Diwakar Sharma Resident of village- Chakramaniya, P.S.- Beldaur, District- Khagaria.

2.

Golu Kumar @ Golden S/o-Ram Bahadur Sah Resident of villageChakramaniya, P.S.- Beldaur, District- Khagaria. 3.

Aditya Kumar @ Suraj Kumar S/o-Patel Singh Resident of villageChakramaniya, P.S.- Beldaur, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38906 of 2026 Arising Out of PS. Case No.-312 Year-2025 Thana- BELDOUR District- Khagaria ====================================================== Abhay Kumar S/O Lalo Sah Resident of Village- Beldaur, Shripur, Police Station- Beldaur,District- Khagaria ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 36027 of 2026) For the Petitioner/s :

Mr. Aditya Kumar, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP (In CRIMINAL MISCELLANEOUS No. 38906 of 2026) For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-07-2026 Heard Mr. Aditya Kumar, learned counsel for the petitioners and Ms. Meena Singh, learned Additional Public Prosecutor for the State in Cr. Misc. No. 36027 of 2026 and Mr. Shashank Shekhar, learned counsel for the petitioner and Mr.

2/4 Shailendra Kumar, learned Additional Public Prosecutor for the State in Cr. Misc. No. 38906 of 2026.

2. The petitioners are apprehending their arrest in connection with Beldaur P.S. Case No. 312 of 2025, F.I.R. dated 20.10.2025 for the offences punishable under Sections 191(1), 191(2), 190, 115(2), 109, 121(1), 121(2), 132, 326(g), 352, 351(2&3) of the BNS, 2023.

3. According to prosecution case, 51 named and 100150 unnamed persons including these petitioners were involved in vandalism and they have also some shops and tent on fire and also created hindrance in discharging the official duty to the police personnel.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. It appears from the F.I.R that there is no specific allegation of assault or overt act attributed against the petitioners rather there is general and omnibus allegation against all the accused persons including these petitioners. In fact, the FIR has been instituted against 51 named and 100-150 unnamed

3/4 persons including these petitioners. They further submits that the similarly situated co-accused, namely, Sumit Kumar has been granted anticipatory bail by this Court vide order dated 06.02.2026 passed in Cr. Misc. No. 4156 of 2026 and another co-accused, namely, Vikram Kumar @ Bikram Kumar @ Vikram Kumar Saurabh and others have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 08.04.2026 passed in Cr. Misc. No. 6791 of 2026.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances that the petitioners have clean antecedent, there is no specific allegation of assault or firing against these petitioners and similarly situated co-accused persons have been granted anticipatory bail by this Court and by Co-ordinate Bench of this Court, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Beldaur P.S. Case No. 312 of 2025, subject to the conditions as laid down

4/4 under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T