Pratik Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57108 of 2025 Arising Out of PS. Case No.-278 Year-2025 Thana- BEUR District- Patna ====================================================== 1.
Pratik Raj S/O Prem Kumar Resident of Road No. 10, Golden Ice Cream, P.S.- Gardanibagh, District- Patna 2.
Akash Kumar S/O Binod Kumar Gupta R/O Tahir Lane, Road No.- 16/10, P.O.- Anishabad, P.S.- Gardanibagh, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Beur P.S. Case No. 278 of 2025 for the offence registered under Section 27 of the Arms Act lodged on 03.06.2025 by the informant Ravindra Singh Yadav.
3. As per the prosecution story, the informant alleged that it came to notice that an altercation/firing has taken place in a marriage ceremony relating to marriage function of Priya Ranjan and daughter of Shivnandan Singh. Upon procuring CCTV footage, it was found that these petitioners played an active role. This led to the FIR.
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4. Learned counsel for the petitioners submits that they are young persons, students, have no criminal antecedent, were attending a baarat party, little realising that there shall be a fight between them, wanted to escape, in the melee, the allegation has come up, they are not hardened criminal and are ready to abide by all the terms and conditions to extend the relief and the last submission is that without accepting the allegation and/or the outcome of the present petition, the petitioner no. 1 on its own would like to contribute Rs. 10,000/- and petitioner no. 2 would like to contribute Rs. 5,000/- to the informant through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that upon CCTV footage procured by the police, their role have come up.
6. Having heard the parties, it is unfortunate that even after 75 years of independence, the parties in a solemn occasion such as marriage, resort to firing which at times result into killing of an innocent person, beside, destroying the sanctity of the marriage. However, considering the fact that these two
3/4 petitioners are young persons having no criminal antecedent, putting them behind bar will serve no purpose and ultimately, it is the society which is going to suffer, in that background, accepting their undertaking that they shall be diligently appearing in the trial and shall abide by the terms and conditions, this Court is inclined to grant them the anticipatory bail with conditions subject to payment of Rs. 10,000/- by petitioner no. 1 and Rs.5,000/- by petitioner no. 2 to the informant through Demand Draft issued by the local branch of the State Bank of India to be submitted to the Trial Court.
7. Let the petitioners in the event of their arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Patna in connection with Beur P.S. Case No. 278 of 2025 subject to condition as laid down under Section 438 (2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show is bona fide;
(ii) the petitioners shall appear on each and every date
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(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) priyanka/- U T