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Patna High CourtCR. MISC./52398/2025bail granted

Anand Kumar Singh v. The State Of Bihar

2025-08-12Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52398 of 2025 Arising Out of PS. Case No.-242 Year-2024 Thana- ISUAPUR District- Saran ====================================================== 1.

Anand Kumar Singh S/O Ram Parvesh Singh R/O Village-Usari Kala, PSIsuapur, Distt-Saran at Chapra 2.

Akash Kumar Singh S/O Rabindra Singh R/O Village-Usari Kala, PSIsuapur, Distt-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 12-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Isuapur P.S. Case No. 242 of 2024 registered for the offences under Sections 115(2), 118(1), 109, 126(2), 303(2), 351(2), 352, 3(5) of B.N.S.

3. As per the prosecution case, the informant was at home in the morning when accused Rohit Kumar Singh and Anand Kumar Singh (petitioner no. 1) arrived by motorcycle with a 20-liter gallon of wine. Anand Kumar Singh asked the informant to keep the wine and collect it after 10 days. When the informant refused, the accused pointed a pistol at his chest

2/4 and abused him. Co-accused Rohit Kumar Singh assaulted the informant with an iron rod. Three brothers of the informant (Raj Kumar and Annu Kumar) were taking him to the hospital when several individuals, including Jay Prakash Singh and others, assaulted the informant's brother, injuring his head and stealing 25,000 rupees in cash while going to the hospital.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the instant case. Further submission is that no arms were recovered from the conscious possession of the petitioners and the specific allegation of assault is on other accused persons. Petitioners have one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor

3/4 court in connection with Isuapur P.S. Case No. 242 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.

(ii) The petitioners shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.

(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be

4/4 delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) tusharika/- U T