Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47418 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Sujit Kumar S/o Kailash Das R/o Vill- Bidesi Tola Karror Ward No. 6, P.S.- Cheriyabariyarpur, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Cheriyabariyarpur P.S. Case No. 62 of 2025 registered for the offences under Sections 126(2), 115(2), 109(1) and 3(5) of the B.N.S.

3. As per prosecution case, petitioner and other coaccused persons abused and assaulted the informant. The petitioner hit the informant with iron rod on his head causing its fracture.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has been named in this case due to old enmity. The informant has been indulging in

Patna High Court CR. MISC. No.47418 of 2025(2) dt.30-07-2025 2/3 trade of illicit liquor and ganja and as the petitioner and other co-villagers objected to this, the informant falsely implicated the petitioner in this case. Injury report shows one lacerated wound of size (3cm x 0.1inch x 0.1inch) on frontal region and this shows injury was superficial and there was no intention to cause death. Even the witnesses, who are family members of the informant, have stated that only scuffle took place. Petitioner is in custody since 05.05.2025 who is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner for causing injury on the head of the victim.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-serious nature of injuries alleged to be caused by the petitioner and also considering the clean antecedent of petitioner coupled with his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Manjhaul, Begusarai/concerned court in connection with Cheriyabariyarpur P.S. Case No. 62 of 2025, subject to the

Patna High Court CR. MISC. No.47418 of 2025(2) dt.30-07-2025 3/3 conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

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

(Arun Kumar Jha, J) balmukund/- U T