Amarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56441 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- BARIYARPUR District- Munger ====================================================== 1.
Amarjeet Kumar S/o Chakradhar Yadav @ Chakrdhar Prasad Yadav R/o Moh.- Sotipul Padiya, P.S.- Bariyarpur, Dist.- Munger 2.
Rohit Kumar S/o Chakradhar Yadav @ Chakrdhar Prasad Yadav R/o Moh.- Sotipul Padiya, P.S.- Bariyarpur, Dist.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60073 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- BARIYARPUR District- Munger ====================================================== Geeta Devi W/o Rajeev Kumar Ranjan R/o vill - Sotipul Pariya, P.S.- Bariyarpur, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 56441 of 2025) For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Adv.
For the Opposite Party/s :
Mr. Pushpa Sinha, APP (In CRIMINAL MISCELLANEOUS No. 60073 of 2025) For the Petitioner/s :
Mr. Ravish Mishra, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-09-2025 Heard Mr. Jyoti Ranjan Jha, learned Counsel for the petitioners in Cr. Misc. No. 56441 of 2025 and Mr. Ashutosh Kumar Mishra in Cr. Misc. No. 60073 of 2025 and the State.
2. The petitioners apprehend their arrest in connection with Bariyarpur P.S. Case No. 41 of 2025 for the offence
2/5 registered under sections 191(2), 191(3), 190, 126(2), 115(2), 223, 121(2), 132, 109, 352 of BNS, 2023.
3. As per the prosecution story, the informant alleged that one Dev Raj Kumar @ Debu was picked up in connection with Bariyarpur P.S. Case No. 176 of 2024. The villagers thereafter resorted to traffic jam on NH-333. When the Police went to ease the traffic, the allegation is of assaulting them. In the process, lady constable 848- Keshri Kumari;
lady constable 628- Kanchan Kumari;
constable 26- Binod Kumar and;
constable 1230- Navod Kumar were injured while several vehicles were damaged. Ten persons were rounded of and they gave the name of the petitioners in Cr. Misc. No. 56441 of 2025 as also Geeta Devi (mother of the main accused, Dev Raj Kumar @ Debu). This led to the FIR.
4. Learned Counsels for the petitioners jointly submit that they have not been named in the FIR rather those who were apprehended to implicate put forward their names, none of them have criminal antecedent. All the injuries of the constables/lady constables have been found to be simple in nature and the last
3/5 submission is that without accepting the allegation and/or the outcome of the present petition, the petitioners on its own would like to contribute Rs. 4,000/- each (totaling Rs. 12,000/-) which may be handed over to the four injured Police personnel at the ratio of Rs. 3,000/- each (totaling Rs. 12,000/-) 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 four injured persons after checking the credentials.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the accused were apprehended, the petitioners tried to forestall his remand and in the process, not only resorted to traffic jam, the Police men/women were also assaulted.
6. It is unfortunate that on the one hand, alleging highhandedness of the Police, the locals resort to agitation, on the other hand, in the process, they resort to brick batting, throwing stones, as a result whereof the vehicles that are moving on the National Highway gets damaged beside the injuries to the innocent Police men/women.
7. However, considering that these petitioners do not have criminal antecedent, one of them is a lady, they have
4/5 undertaken to diligently appear in trial, in that background, this Court is inclined to grant them the anticipatory bail with conditions subject to payment of Rs. 4,000/- each (totaling Rs. 12,000/-) as undertaken by the learned counsels for the petitioners to be paid to the four injured Police personnel at the ratio of Rs. 3,000/- each (totaling Rs. 12,000/-) by Demand Draft of local State Bank of India to be submitted to the Trial Court.
7. Let the petitioners in the event of 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.-II, Munger in connection with Bariyarpur P.S. Case No. 41 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 his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
5/5 bond by the Trial court itself;
(iii) 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;
(iv) 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) Vijay Singh/- U T