Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34481 of 2025 Arising Out of PS. Case No.-44 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.
Rajeev Kumar S/o Anandi Mahto R/o Vill- Amrath, P.S.- Jamui, Distt- Jamui 2.
Sadasheo Kumar @ Sadanand Kumar S/o Videshi Mahato R/o Vill- Amrath, P.S.- Jamui, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-05-2025 Heard Mr. Umesh Prasad, learned counsel for the petitioner and Mr. Ram Sumiran Rai, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Jamui P.S. Case No. 44 of 2024 for the offence under sections 147, 148, 149, 341, 323, 353, 153A, 307, 504, 337, 338, 427, 506 of the I.P.C. lodged on 23.01.2024 by the informant, Prithul.
3. As per the prosecution story, the informant who is Block Supply Officer, Jamui, having come to know that there is tension between two communities, went there and tried to pacify them. However, both the communities resorted to brickbat causing injury. This led to the FIR.
4. Learned counsel for the petitioners submit that both are young person, no criminal antecedent, though was present in the cull, had no role to play. He further submits that
Patna High Court CR. MISC. No.34481 of 2025(2) dt.21-05-2025 2/3 without accepting the allegation and/or the outcome of the present petition, the petitioners intend to contribute Rs.5,000/- each (totaling Rs. 10,000/-) to the Chief Minister's Relief Fund.
5. Learned APP opposes the prayer submitting that there is part of the crowd which unnecessary created chaos creating problem for the local administration.
6. It is unfortunate that when the people are fighting for bread and butter, some extra zealous persons of the different communities resort to unnecessary tension creating trouble not only for the State Administration but also in the day to day life of locals. However, since both the petitioners are young, having no criminal antecedent, they are entitled for one chance to correct themselves, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions, subject to payment of Rs.5,000/- each (totaling Rs. 10,000/-) to the Chief Minister's Relief Fund through Demand Draft and the receipt be submitted to the learned trial Court.
7. Let the petitioners 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) each with two sureties of like amount each to the satisfaction of learned C.J.M, Jamui, in connection with Jamui
Patna High Court CR. MISC. No.34481 of 2025(2) dt.21-05-2025 3/3 P.S. Case No. 44 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners 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 their bail bond by the Trial Court itself; (iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioners 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;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) anand/- U T