Sujit Sharma @ Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52446 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- MANSI RAIL P.S. District- Khagaria ====================================================== Sujit Sharma @ Sujit Kumar S/O Subodh Sharma R/O Vill.- Chak Hussaini (Khutiya), P.S.- Mansi, District- Khagaria, Bihar ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhanajay Kumar, Adv Mr. Aditya Vikram, Adv For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable u/s 126(2), 109, 352 and 3(5) of the B.N.S.
3. As per the prosecution case, on 29.01.2025 at about 18:10 hr. the informant was returning to his home. In the meantime, the petitioner and the co-accused persons intercepted the informant and started abusing him. It is further alleged that on the instructions of Chandan Yadav and Raja Kumar, one coaccused Jito @ Jitedra Kumar fired two rounds of bullet upon the informant hiting him below his waist.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.52446 of 2025(2) dt.12-08-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is no specific overt act levelled against the petitioner. It is also submitted that the petitioner has been named in the present case only to settle personal scores, however, there is no motive alleged against him. It is lastly submitted that the petitioner has clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of four weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria, in connection with Mansi Rail P.S. Case No. 02 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.), with further condition/s:- (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, if so required by the learned Trial Court.
(iii) In case of absence on two
Patna High Court CR. MISC. No.52446 of 2025(2) dt.12-08-2025 3/3 consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned 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 antecedents, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
7. This application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T