Praduman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47950 of 2025 Arising Out of PS. Case No.-413 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.

Praduman Kumar, Son of Shivjee Rai, Resident of Village -Pahleza Shapur Diyara, P.S. -Sonpur, District -Saran 2.

Kamta Kumar, Son of Uma Rai, Resident of Village -Pahleza Shapur Diyara, P.S. -Sonpur, District -Saran 3.

Raushan Kumar, Son of Uma Rai, Resident of Village -Pahleza Shapur Diyara, P.S. -Sonpur, District -Saran 4.

Sunny Kumar, son of Late Kameshwar Rai, Resident of Village -Pahleza Shapur Diyara, P.S. -Sonpur, District -Saran 5.

Shyamji Rai, Son of Ram Parves Rai, Resident of Village -Pahleza Shapur Diyara, P.S. -Sonpur, District -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate.

For the State :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Sonpur P.S. Case No. 413 of 2025 dated 01.05.2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 118(2), 352, 351(2), 351(3) and 3(5) of Bhartiya Nyaya Sanhita, 2023.

3. As per allegation, on account of altercation, the informant side got injuries caused by Rod.

Patna High Court CR. MISC. No.47950 of 2025(2) dt.30-07-2025 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, on account of altercation, both sides got injuries and case and counter case have been filed. The counter case filed by the petitioners side, bears Sonpur P.S. Case No. 422 of 2025.

5. It is also stated in paragraph No. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph No.3 of the bail petition that the petitioner Nos. 1, 4 and 5 have no criminal antecedents whereas petitioner Nos. 2 and 3 have been made accused in another case, in which, they are on bail.

7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the case and counter case and injuries on both sides, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each

Patna High Court CR. MISC. No.47950 of 2025(2) dt.30-07-2025 3/3 to the satisfaction of learned concerned court below, in connection with Sonpur P.S. Case No. 413 of 2025, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedent other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J) S.Ali/- U T