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Patna High CourtCR. MISC./61177/2025bail granted

Sushil Kumar Singh v. The State Of Bihar

2025-12-17Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61177 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- AWTARNAGAR District- Saran ====================================================== Sushil Kumar Singh S/o Rakesh Ranjan Singh R/o Village - Chhotami , P.S.- Awtarnagar, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-12-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Awtarnagar P.S. Case No. 131 of 2025 for the offence under sections 126(2), 115(2), 117(2), 109, 303(2), 324(2), 352, 351(2) and 3(5) of the BNS lodged on 14.05.2025 by the informant, Radha Rani Devi.

3. As per the prosecution story, the informant alleged that they are agnates and there is land dispute between them. The allegation is that on the fateful evening, they came armed variously and after damaging the tractor and taking away the battery, at the order of Rakesh Ranjan Singh, assault took place and allegation against this petitioner is that he also assaulted on the head causing injury. Further, allegation of snatching the gold chain is also there. This led to the FIR.

4. Learned counsel for the petitioner submits that

2/4 admittedly, they are agnates, has no criminal antecedent, the Doctor has opined the injury on Ajit Kumar Singh to be simple in nature. 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. 10,000/- towards the medical assistance through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the injured after checking the credentials.

5. Learned APP opposes the prayer submitting that injury is on the head.

6. Taking into account the submissions of the parties as also that the injury has been found to be simple in nature, he do not have any criminal antecedent, FIR is there and he shall be facing the trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 10,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India branch/any Nationalized bank branch to be submitted to the Trial Court to be handed over to the informant.

7. Let the petitioner be released on bail in the event of

3/4 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 JM, 1st Class, Saran at Chapra in connection with Awtarnagar P.S. Case No. 131 of 2025 subject to the following conditions:

(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 month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner 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;

4/4 (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