Nirbhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51842 of 2025 Arising Out of PS. Case No.-484 Year-2019 Thana- DIGHA District- Patna ====================================================== Nirbhay Kumar S/O Ram Pravesh Prasad @ Ram Pravesh Sinha Resident of Village- Imamganj,Post Office- Sohsarai, Police Station- Rahui, DistrictNalanda at Biharsharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Adv.

For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Ms. Madhuri Lata.

2. The defect, as pointed out by the office, is hereby ignored.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code read with Sections 19 and 20 of Examination Control Act.

4. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy aged 24 years and is a student.

5. It is next submitted that in sum and substance, the allegation as alleged in the FIR is that in place of petitioner,

Patna High Court CR. MISC. No.51842 of 2025(3) dt.01-09-2025 2/3 Abhay was giving the examination. It is submitted both Abhay and petitioner are own brothers and had to appear in the same examination, but then Abhay came to be implicated with the aforesaid allegation. It is also submitted that petitioner is a young boy aged 24 years and is a student and in the event if petitioner is sent to judicial custody, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals in jail. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) 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 Digha P.S. Case No. 484 of 2019 subject to the conditions as laid down under Section 482 (2) of BNSS.

Patna High Court CR. MISC. No.51842 of 2025(3) dt.01-09-2025 3/3

8. One of the bailors of the petitioner shall be his father, Ram Pravesh Prasad @ Ram Pravesh Sinha.

9. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

10. Let a copy of this order be sent to the concerned Police station through the learned Trial Court.

11. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T