Krishna Kumar @ Kharari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54330 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- AGRER District- Rohtas ====================================================== 1.

Krishna Kumar @ Kharari Son of Panchu Ram 2.

Panchu Ram son of Late Dasai Ram @ Late Kapil Ram Both Residents of Village- Mokar PS- Agrer District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudama Singh, Advocate : Mr.Shashi Kant, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-08-2025 Heard Mr.Sudama Singh, learned counsel for the petitioners and Mr.Anil Kumar, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Agrer P.S. Case No. 64 of 2025, F.I.R. dated 26.03.2025 for the offences punishable under Sections 191(2)/147,190/149,126(2)/342,115/323,132/353,125(a)/337, 125(b)/338 of B.N.S. 2023 and Sections 45 and 37 of the Bihar Prohibition and Excise Act.

3. According to prosecution case, the petitioners with other accused persons have assaulted the police party.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been

2/4 implicated in the present case. As per allegation in the FIR, the petitioners have prevented the police personnel to arrest the accused persons, namely, Radheshyam Ram and Kamlesh Ram and later on Radheshyam Ram was arrested and in the present occurrence some of police personnel have received the injury. Learned counsel for the petitioners submits that the name of the petitioners has been transpired during investigation on the basis of the disclosure made by the local Chaukidar. Although the petitioners are named in the FIR but from a bare perusal of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioners and similarly situated co-accused persons, namely, Kashi Ram and others have been granted privilege of anticipatory bail this Court vide order dated 23.06.2025 passed in Cr. Misc. No.38559 of 2025.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts, petitioners have clean antecedent and similarly situated co-accused persons have been granted privilege of anticipatory bail this Court, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days

3/4 from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Court No.I, Rohtas in connection with Agrer P.S. Case No. 64 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2)of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the 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 antecedents, 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

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T