Sanjay Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40926 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- SONPUR RAIL P.S. District- Saran ====================================================== Deepak Kumar Tiwari, S/o Late Lalan Tiwari, R/o Village-Semuapur, P.S.- Dumariyaghat, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41885 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- SONPUR RAIL P.S. District- Saran ====================================================== Sanjay Kumar Prasad, S/o Jagarnath Rai, R/o Village- Paharichak, Parwejabad, P.S.- Sonpur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42957 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- SONPUR RAIL P.S. District- Saran ====================================================== Saksham Srivastav, S/o Ram Prasad Srivastav, Resident of village- Amwa, P.S- Kotwa, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 40926 of 2025) For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mrs. Nirmala Kumari, APP (In CRIMINAL MISCELLANEOUS No. 41885 of 2025) For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP (In CRIMINAL MISCELLANEOUS No. 42957 of 2025) For the Petitioner/s :
Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ======================================================
2/4 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in connection with Sonepur G.R. P.S. Case No. 158 of 2024 registered for the offence punishable under Sections 318(4), 336(3), 336(4), 338and 340(2) of B.N.S.
3. The case of the prosecution is that petitioner Deepak Kumar Tiwari along with petitioner Saksham Srivastav was apprehended by police on Sonepur Railway Station and it is further alleged that they disclosed that they are indulged in arranging fraudulent joining letters for the candidates. It is also alleged that from the possession of Deepak Kumar Tiwari, two mobiles, ATM card, PAN card and ID card etc. were recovered and from the possession of petitioner Saksham Srivastava, one mobile was recovered. The name of petitioner Sanjay Kumar Prasad has been disclosed by the co-accused Bhushan Kumar.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. No incriminating material has been recovered from their possession. The real fact is that the petitioner Deepak Kumar
3/4 Tiwari is also an accused in Chhapra Rail P.S. Case No. 52 of 2021 and in that case, he has been granted anticipatory bail by a learned Co-ordinate Bench of this Court and the I.O. of this case is the informant who was not very happy with the anticipatory bail of the petitioner. The name of petitioner Sanjay Kumar Prasad has surfaced in the confessional statement of one coaccused Bhushan Kumar who has already been granted bail by a learned Co-ordinate Bench of this Court vide order dated 11.08.2025 passed in Cr. Misc. No. 50908 of 2025. The case of the petitioner Sanjay Kumar Prasad stands on similar footing. Petitioners Deepak Kumar Tiwari and Saksham Srivastava are in judicial custody since 07.12.2024 whereas petitioner Sanjay Kumar Prasad is in judicial custody since 16.12.2024.
5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that incriminating article has been recovered from the possession of this petitioner (Deepak Kumar Tiwari). He is having criminal antecedent of three cases. Petitioners Saksham Srivastava and Sanjay Kumar Prasad are having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is
4/4 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Saran in connection with Sonepur G.R. P.S. Case No. 158 of 2024.
(Ashok Kumar Pandey, J) lata/- U T