Alok Kumar @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61316 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- BARIYARPUR District- Munger ====================================================== Alok Kumar @ Bittu Kumar S/o Sanjay Kumar R/o Paria, Sotipul, P.S.- Bariyarpur, Dist.- Munger, Bihar 811211 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Bhardwaj For the Opposite Party/s :
Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Arwal Police Station Case No. 160 of 2025, dated 05.05.2025, disclosing offences under Sections 191(2)/191(3)/190/126(2)/115(2)/303(2)/109/117(2)/352/ 351(2) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that on 29.03.2025, at about 06:15 PM, the informant got information that some villagers have blocked NH-333 and are protesting against the police demanding to free Devraj Kumar @ Debu, who has been arrested in connection with Bariyapur Police Station Case No. 176 of 2024. Upon reaching at the place of occurrence, an altercation broke out between the police and the crowd
2/4 started abusing and assaulting the police party with bricks, stones, lathi, rod, etc. due to which four police personnel got injured. Thereafter, the matter was pacified with the help of police force and mobile police and 10 accused persons were arrested and First Information Report was lodged against 15 known and 40-50 unknown persons.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case due to village politics and the allegation against the petitioners is general and omnibus in nature. He next submits that injuries sustained by the police personnel are simple in nature. The petitioner has got no criminal antecedent. The similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 56441 of 2025 and Cr. Misc. No. 60073 of 2025, wherein, the petitioners undertook to contribute a sum of Rs. 4000/- each, which may be handed over to four injured police personnel at equal ratio through demand draft issued by the local bank and submitted before the "NAZARAT" of the concerned
3/4 Court to be handed over to the victims after checking the credentials. Learned counsel further submits that the petitioner also undertakes to contribute a sum of Rs. 4000/- each in terms of the aforesaid order.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that allegations against the petitioners are general and omnibus in nature, injuries sustained by the victims are simple in nature and similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail, subject to the condition that the petitioner shall pay a sum of Rs. 4000/- each as undertaken by him, to be paid to four injured police personnel at equal ratio, by way of bank demand draft and submit before the "NAZARAT" of the concerned Court, to be handed over to the four injured police personnel after checking the credentials, at the time of furnishing bail bond.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of their arrest or surrender before the Court below within four
4/4 weeks, 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 Additional Chief Judicial Magistrate II, Munger, in connection with Bariyarpur Police Station Case No. 41 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, and further subject to condition laid down in paragraph no. 5 of this application.
(Anil Kumar Sinha, J) ashwani/- U T