Sumit Kumar Rai @ Sumit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57791 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- BHELDI District- Saran ====================================================== Sumit Kumar Rai @ Sumit Kumar Yadav S/O Late Prithvi Nath @ Late Prithvi Nath Rai @ Prithvi Nath Yadav R/O Village- Jalalpur, Kharidahan, Police Station- Bheldi, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-08-2025 Heard learned counsel for the parties.

2. The petitioner is apprehending his arrest in connection with Bheldi P.S. Case No. 60 of 2025 for the offence under Sections 191(2), 191(3), 190, 126 (2), 115(2), 118(1), 303(2), 308(2), 333, 352, 351(2) of the B.N.S., 2023.

3. As per prosecution case, petitioner and other coaccused persons armed with deadly weapons came at the shop of informant and started assaulting him due to not payment of extortion. Co-accused, namely Mithilesh Kumar Rai assaulted on the head of the informant with iron rod and when his son came to rescue co-accused Birendra Rai caught him and ordered to kill him and the petitioner assaulted on the head with iron rod and Mithilesh Kumar Rai took away Rs. 1,20,000/- from him.

4. Learned counsel for the petitioner submit that the petitioner is quite innocent and has falsely been implicated in

Patna High Court CR. MISC. No.57791 of 2025(2) dt.27-08-2025 2/2 the present case. From perusal of F.I.R., it is clear that the alleged occurrence took place on 02.03.2025 at 11:40 A.M. and the written report was given by the informant on 03.03.2025 at 10:30 A.M. without giving any plausible explanation of delay. In the impugned order, it is mentioned that pain in left frontal region with scratch and bleeding in left ear which were found to be simple in nature. There is case and counter case between the parties. There is litigation term between the parties since before.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts of the case, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned J.M., 1st Class, Saran at Chapra/ concerned court below, in connection with Bheldi P.S. Case No. 60 of 2025 subject to the conditions as laid down under Section 482 (2) of B.N.S.S.

(S. B. Pd. Singh, J) Ranjeet/- U T