Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56975 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- KHAIRA District- Jamui ====================================================== Saurav Kumar S/o Ajit Kumar Ram R/o Village- Kalyanpur, P.S.- Jamui, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-08-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Khaira P.S. Case No. 137 of 2025 for the offence under section 109 of the B.N.S. and 25(a) and 27 of the Arms Act lodged on 19.04.2025 by the informant, Akhileshwar Kumar Singh.
3. As per the prosecution story, the Police Officer upon knowledge that during celebrity firing, a person has been injured, reached the place and found that one person from bridegroom side namely, Murlidhar Singh got a fire-arm injury on his leg and despite efforts, no video footage procured. This led to the FIR.
4. Learned counsel for the petitioner submits that he does not belong either to the bride-groom or the bride side, was
2/4 crossing the place, upon hearing the gun-shot, tried to escape. It is alleged that he was found running away from the place which raise suspicion against him, he has no role to play and will diligently appear in trial. Further, the submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant's side has alleged injuries, the petitioner on its own would like to contribute Rs. 5,000/- towards the medical assistance of the injured (Murlidhar Singh) 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 opposes the prayer submitting that he was found running away from the place.
6. Taking into account the submissions of the parties as also that there is no specific allegation against this petitioner nor any video footage available, it is unfortunate that still celebrity firing is going on despite the best efforts of the Police/administration to stop. It is high time that the District Administration impose community fine where the function is taking place. So far as the case is concerned, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 5,000/- as undertaken by the learned
3/4 counsel for the petitioner to be paid by Demand Draft of local State Bank of India to be submitted to the Trial Court to be handed over to the injured.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the 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 CJM, Jamui in connection with Khaira P.S. Case No. 137 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner 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 bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T