Sukesh Kumar @ Sukesh Kumar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43886 of 2025 Arising Out of PS. Case No.-154 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== Sukesh Kumar @ Sukesh Kumar Roy Son of Vaidhnath Roy @ Baijnath Ray @ Baijnath Yadav Resident of village - Karhi Khurd, P.S.- Basantpur, Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Basantpur P.S. Case No. 154 of 2025, dated 16.03.2025, lodged under Sections 191(2), 190, 126(2), 115(2), 118(1), 109(1), 308(3), 117(2) 303(2) and 351(2) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023")
3. As per the prosecution, FIR has been lodged against five named accused persons, including the present petitioner, alleging that all the accused reached the informant's house armed with lathi, danda, farsa, tangi, hockey stick, sword, and knife. They demanded Rs. 6 lakhs and also exerted pressure to pay Rs. 50,000/- as an advance. Upon non-payment, they
Patna High Court CR. MISC. No.43886 of 2025(2) dt.16-07-2025 2/3 assaulted the informant and his relatives who were present at the shop. The specific allegation against the present petitioner is that he took Rs. 20,000/- from the informant's cash box.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that both the informant and the petitioner are residents of the same village and are well known to each other. It is further submitted that, due to dirty village politics, the present case has been lodged. Counsel also submits that, so far as the present petitioner is concerned, he resides in Delhi for his livelihood and had come to the village on the occasion of Holi. He further submits that, from a bare reading of the FIR, it transpires that there is nothing specific against the petitioner and that the allegations are general and omnibus in nature against all the accused persons. Counsel also submits that the criminal antecedent of the petitioner is clean and he is ready to comply with all conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the
Patna High Court CR. MISC. No.43886 of 2025(2) dt.16-07-2025 3/3 Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M., 1st, Siwan, in connection with Basantpur P.S. Case No. 154 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T