Sachin Kumar @ Udit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49876 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Sachin Kumar @ Udit Kumar S/o- Arjoon Prasad @ Arjun Prasad VillageSajay Nagar Road No.5(A) PS- Jakkanpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Kankarbagh P.S. Case No. 166/2025 registered for the offences under Sections 191(2), 191(3), 190, 109, 132, 351(2), 352 of B.N.S. and Section 27 of Arms Act.

3. As per the prosecution case, in a police operation, the officials surrounded the house of an accused namely Dharmendra Kumar. The miscreants inside opened fire on the police personnel with an intention to kill. During the operation, several accused persons escaped and on search two swords have been recovered on the disclosure of the apprehended accused persons namely Suraj and Tinku and it was further disclosed that Dharmendra and Dayashankar had open fired and the petitioner

Patna High Court CR. MISC. No.49876 of 2025(2) dt.25-07-2025 2/3 was also present, who managed to escape.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the ground of suspicion. Learned counsel further submits that the petitioner is not alleged to have made any firing and no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel next submits that similarly situated accused persons namely Suraj and Tinku have been granted bail by this Court vide order dated 28.05.2025 passed in Cr. Misc. No. 35422/2025. It is lastly submitted that the petitioner has no criminal antecedent and he is in custody since 20.03.2025.

5. Learned APP for the State has opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account that no incriminating article has been recovered from the conscious possession of the petitioner, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Patna in connection with Kankarbagh P.S. Case No. 166/2025 subject to the conditions :-

Patna High Court CR. MISC. No.49876 of 2025(2) dt.25-07-2025 3/3 a. One of the bailors of the petitioner shall be his close relative.

b. The petitioners shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T