Barun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37570 of 2025 Arising Out of PS. Case No.-568 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Barun Kumar Son of Biresh Yadav @ Viresh Prasad R/O Vill- Gosaibigha, P.S - Noorsarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioners apprehend his arrest in a case registered for the offences punishable under Sections191(2), 191(3), 190, 126(2), 115(2), 109, 352, 351(2) of Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
3. Learned counsel submits that petitioner has antecedent of eight criminal cases and the informant alleges that he received information that firing is going on in between two groups, accordingly he reached the place of occurrence and saw that firing was being made indiscriminately and on seeing the police force the accused persons fled and from the place of occurrence 9 empty cartridges were recovered.
4. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR it would manifest
Patna High Court CR. MISC. No.37570 of 2025(2) dt.25-06-2025 2/3 that the informant alleges that he received an information that two groups were indulging in firing based on which he reached the place of occurrence where he saw hundreds of accused indulging in firing but on seeing the police force they have fled. It is next submitted that since petitioner has antecedent of eight cases as such he has been implicated. When he was not even present at the place of occurrence. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Noorsarai P.S. Case No. 568 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. However, it is made clear that if the Investigating
Patna High Court CR. MISC. No.37570 of 2025(2) dt.25-06-2025 3/3 Office of the case files an application before the learned trial court bringing to its notice that petitioner is not cooperating in the investigation despite assurance given to this Court, in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. It is further made clear that till investigation is going on the petitioner will keep marking his attendance before the concerned PS in between 10-15 of every month commencing from July 2025. It is also made clear that in the event if the petitioner does not mark his attendance and the same is brought to the notice of the learned trial court in that event also the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. It is further made clear that if charge-sheet is submitted against the petitioner connecting him with the offence in that event the present anticipatory bail order shall come to an end.
8. Let a copy of this order be sent to the concerned PS through the learned trial court.
(Satyavrat Verma, J) Raj Ranjan/- U T