Suman Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32233 of 2025 Arising Out of PS. Case No.-134 Year-2024 Thana- MAHESHKHUNT District- Khagaria ====================================================== Suman Kumar Yadav S/O Bhadai Yadav Resident of Village- Madarpur, PSMaheshkhoont, Dist.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126 (2), 115 (2), 303 (2), 308 (5) and 3 (5) of the B.N.S.
3. The first information report discloses an allegation that four persons including the present petitioner, had dragged the informant from tempo and after taking him inside the forest, assaulted him with an intention to kill him and made a video after removing her cloth.
4. It is submitted by learned counsel for the petitioner that the present case is a result of a dispute between the informant and one co-accused, Nitesh Kumar as the both are tempo
Patna High Court CR. MISC. No.32233 of 2025(2) dt.09-05-2025 2/3 driver. There is nothing on record to show the complicity of this petitioner in this occurrence. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that there is inordinate delay of 24 hours in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Similarly situated co-accused have been enlarged on anticipatory bail by this court vide order dated 21.04.2025 passed in Cr. Misc. No.78902 of 2024.
5. Learned APP for the State opposed the prayer for anticipatory bail on the ground that the petitioner has four criminal antecedents. In response to this, learned counsel for the petitioner submits that out of four cases, the petitioner has been acquitted in two cases and in the other two he is on bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Maheshkhoont P.S. Case No. 134 of 2024, subject to the
Patna High Court CR. MISC. No.32233 of 2025(2) dt.09-05-2025 3/3 condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J) Trivedi/- U T