Gourav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34585 of 2026 Arising Out of PS. Case No.-329 Year-2025 Thana- BIHARIGANJ District- Madhepura ====================================================== Gourav Kumar S/o Sunil Yadav R/o Village - Hathiondha, Ward No. 05, PS - Bihariganj, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Singh, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Bihariganj P.S. Case No. 329 of 2025 registered for the offence under Sections 115(2), 126(2), 118(1), 109(2), 132, 352, 351(2) and 3(5) of the B.N.S. lodged on 23.07.2025 by the informant, Amit Ranjan.
3. As per the prosecution story, the informant alleged that there was an accident between motorcycle and rickshaw, the Police brought the motorcycle to the Police Station whereafter one women with two boys came and started abusing and later, the lady as also the boys were furious and started stone pelting. This caused injury and the FIR.
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4. Learned counsel for the petitioner submits that an accident took place, the locals resorted to stone pelting which hit the police but an exaggerated FIR has been lodged, the petitioner do not have criminal antecedent, is a student and to show his bonafide he is ready to contribute Rs.2,000/- to the Chief Minister's Relief Fund by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank.
5. Learned APP opposes the prayer submitting that they tried to assault the police man.
6. Taking into account the aforesaid facts as also that the petitioner do not have criminal antecedent nor any injury report is on record, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.2,000/- to the Chief Minister's Relief Fund by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of bail bond before the concerned Court.
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 Sub-Divisional Judicial Magistrate,
3/4 Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 329 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) 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;
(iv) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) 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;
4/4 (vi) 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/Anjali U T