Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33061 of 2025 Arising Out of PS. Case No.-734 Year-2024 Thana- BEUR District- Patna ====================================================== Shekhar Kumar S/O Sanjeev Kumar R/O village- Vishunpur, Pakri, PS Beur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shrishti Singh, Adv For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable 126(2), 115(2), 110, 109, 303(2), 352, 324(4) and 3(5) of the B.N.S.

3. As per the prosecution case, on 08.12.2024 the informant was returning from a wedding and in the meantime, the petitioner and the co-accused persons intercepted the informant and started abusing him. On being opposed, all the accused persons started assaulting the informant and snatched gold chain from his neck and also broke the informant's motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.33061 of 2025(3) dt.13-08-2025 2/3 implicated in this case. It is also submitted that from perusal of the injury report which has been brought on record by way of Annexure-P/2, it would be evident that the injuries sustained by the prosecution side were found to be simple in nature. It is next submitted that no incriminating article has been recovered from the conscious possession of the petitioner or from his house. It is also submitted that the allegation levelled against the petitioner is general and omnibus in nature and no specific overt act has been alleged against him. It is lastly submitted that the petitioner has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and also considering the fact that the injuries sustained by the prosecution side were found to be simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of four weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna, in connection with Beur P.S. Case No. 734 of 2024, subject to the conditions as laid down under Section 482(2) of

Patna High Court CR. MISC. No.33061 of 2025(3) dt.13-08-2025 3/3 the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.), with further condition/s:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

7. This application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T