Suman Saurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55479 of 2025 Arising Out of PS. Case No.-134 Year-2025 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Suman Saurav S/O Bhotal Mandal R/O Village- Lailakh, P.S- Sabour, Dist.- Bhagalpur.

2.

Bablu Kumar S/O Gulcharan Mahaldar R/O Village- Lailakh, P.S- Sabour, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56691 of 2025 Arising Out of PS. Case No.-134 Year-2025 Thana- SABAUR District- Bhagalpur ====================================================== Mithun Kumar S/O Mantu Mandal R/O Village- Lailakh, P.S- Sabour, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 55479 of 2025) For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, APP (In CRIMINAL MISCELLANEOUS No. 56691 of 2025) For the Petitioner/s :

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

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2025 Heard Mr. Ajay Kumar Tiwari, learned counsel for the petitioner and Mr. Aditya Narayan Singh, learned APP in Cr. Misc. No. 55479 and Mr. Ashutosh Kumar, learned counsel for the petitioner and Mrs. Nirmala Kumari, learned APP in Cr. Misc. No. 56691 of 2025.

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2. The petitioners are in custody in connection with Sabour P.S. Case No. 134 of 2025 for the offence punishable under Section 310 (2) of the BNS and Section 25(1-b)a, 26 and 35 of the Arms Act lodged on 12.04.2025 by the informant, Rajeev Kumar Goswami.

3. As per the prosecution story, the informant alleged that while returning on motorcycle, they were intercepted by six accused persons with covered faces and on the point of pistol, they were relieved of the mobile as also the cash. They also threatened to shot the informant/friends but later, retreated. This led to the FIR.

4. Learned counsel for the petitioners submit that nothing has been recovered from their conscious possession, both have no criminal antecedent, are young persons, students, in custody since 01.05.2025 and if found indulged in any other criminal activity, if granted relief in this case, steps can be taken for cancellation of their bail bond.

5. Learned APP opposes the prayer for bail submitting that though they do not have criminal antecedent, they have become menace to the society by making the movement on the road a nightmarish experience.

6. Though there is force in the submission of learned

3/4 APP that these people have continuously caused havoc in the society, considering that both are young, are in custody since 01.05.2025 having no criminal antecedent and an undertaking has been given that they shall not indulge in any such activity henceforth, in that background, this Court is inclined to extend them the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 134 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioners shall appear before the concerned police station every fortnight for six months to mark their attendance;

(iv) the petitioners shall in no way try to induce or

4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T