Harsh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61975 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- Vasudevpur District- Munger ====================================================== Harsh Kumar S/o Sahdeo Prasad @ Sahdeo Prasad Yadav R/o VillageKemkha, P.S.- Basudeopur, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-09-2025 Heard Mr. Kumar Kamal Nayan, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Basudeopur P.S. Case No. 54 of 2025, F.I.R. dated 21.05.2025 for the offences punishable under Sections 126(2), 115(2), 308(3), 308(4), 352, 351(2)(3) and 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 27 of Arms Act.
3. As per the First Information Report, the informant alleged that on 19.05.2025, the petitioner along with other coaccused persons came to his shop and took breakfast. When the informant asked for money, then the accused person abused and assaulted him. He further alleged that they fired a gun shot and demanded Rs.50,000/- as extortion money.
Patna High Court CR. MISC. No.61975 of 2025(2) dt.09-09-2025 2/3
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Infact the informant had taken a loan of Rs.50,000/- from the father of the petitioner and when the petitioner demanded the same, the informant filed the present false case against the petitioner and apart from that it appears from the FIR that there is no specific allegation of assault or overt act or demand of ransom against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, there is no specific allegation of assault or overt act or demand of ransom against the petitioner and the petitioner has clean antecedent, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Basudeopur P.S. Case No. 54 of 2025, subject to the conditions
Patna High Court CR. MISC. No.61975 of 2025(2) dt.09-09-2025 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T