Anup Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55494 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- KOPA District- Saran ====================================================== Anup Kumar S/o Shyam Sundar Prasad, Resident of Village- Khorodih, P.SKopa, District-Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Panday, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Kopa P.S. Case No. 115 of 2025 dated 10.05.2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1) and 109 read with Section 3(5) of the BNS.

3. As per the prosecution case, petitioner and coaccused assaulted the informant and stabbed him. Petitioner was apprehended from the spot and co-accused escaped.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. There is no eyewitness to the alleged occurrence and the petitioner is implicated in this

Patna High Court CR. MISC. No.55494 of 2025(3) dt.18-11-2025 2/3 case due to previous enmity. Informant has not alleged any motive of the accused persons for the said occurrence. The allegation of assaulting the informant with knife is false and concocted. Police has not recovered any incriminating article from the possession of the petitioner or from the place of occurrence. The nature of injury is stated to be simple and it contradicts the version of informant levelled in the FIR. Learned counsel next submits that petitioner is having antecedent of one case in which he is on bail and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 10.05.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of chargesheet and petitioner's 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 Judicial Magistrate 1st Class, Saran at Chapra / concerned Court, in connection with Kopa P.S. Case No. 115 of 2025, subject to the condition laid down under

Patna High Court CR. MISC. No.55494 of 2025(3) dt.18-11-2025 3/3 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, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date 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) Shahnawaz/- U T