Shivshankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53425 of 2025 Arising Out of PS. Case No.-278 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Shivshankar Kumar S/O Shree Niwas Yadav @ Shree Nivas Singh R/O Village-Molanachak, PS-Udwantnagar, Distt-Bhojpur 2.

Prem Shankar Yadav S/O Shree Niwas Yadav @ Shree Nivas Singh R/O Village-Molanachak, PS-Udwantnagar, Distt-Bhojpur 3.

Ravishankar Yadav @ Ravi Shankar Singh S/O Shree Niwas Yadav @ Shree Nivas Singh R/O Village-Molanachak, PS-Udwantnagar, Distt-Bhojpur 4.

Ramashankar Singh @ Om Prakash Yadav S/O Shree Niwas Yadav @ Shree Nivas Singh R/O Village-Molanachak, PS-Udwantnagar, Distt-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya, Adv Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-08-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State Shri Chandra Bhushan Prasad. 2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 132, 125(a), 125(b), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioners submits that petitioner No. 1 has antecedent of two cases, petitioner Nos. 2 and 4 have antecedent of one case and petitioner No. 3 is a person with clean antecedent and the informant alleges that

Patna High Court CR. MISC. No.53425 of 2025(2) dt.19-08-2025 2/3 during vehicle checking a motorcycle was stopped for verifying papers, on which Shiv Shankar and Rajiv were present, further when papers were demanded, they became aggressive and threatened the police, thereafter their family members arrived and started misbehaving and assaulted the police party with stone and sticks, on account of which police sustained injuries and the occurrence was videographed and the Chaukidhar identified all the accused persons including the petitioners. 4.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that the motorcycle belonged to father of petitioners. It is further submitted that police demanded the papers of the vehicles and the same was produced but then the same was a photostat copy of the original, on which the police officials started demanding bribe, accordingly an altercation took place. It is also submitted that allegation of assaulting the police is an exaggerated allegation. It is further submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.53425 of 2025(2) dt.19-08-2025 3/3 counsel for the petitioners, the petitioners above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Udawantnagar P.S. Case No. 278 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7.

One of the bailors of the petitioners shall be their father, Shree Niwas Yadav @ Shree Nivas Singh. 8.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners, despite giving assurance to this Court, are not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. 9.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T