Uday Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63347 of 2025 Arising Out of PS. Case No.-84 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Uday Kumar Son of Late Yugal Das, R/o Village - Khawa, Chandra Tola, P.S.- Mednichowki, District - Lakhisarai.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Sahay, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 10-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Mednichowki P.S. Case No. 84 of 2023, dated 08.06.2023, registered for the offences punishable under Sections 341, 323, 379, 354, 504 and 506 read with Section 34 of the Indian Penal Code. However, cognizance has been taken under Sections 341, 323, 307, 379 and 504 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 08.06.2023 at about 09:00 AM, the FIR named accused persons abused and assaulted the informant and his family members in front of their house due to which they sustained injuries. One Sanjit Kumar @ Bujhan snatched the golden chain from the
2/4 neck of informant's wife.
4. Learned counsel for the petitioner has submitted that petitioner is innocent, he has committed no offence and he has falsely been implicated in the present case. The Investigating Officer of this case has thoroughly investigated the present case and he has not found involvement of the petitioner in the alleged occurrence and has submitted the final form against the petitioner and accordingly, chargesheet was submitted against the co-accused persons namely, Sanjit @ Bujhan, Shree Kumar, Mukesh Kumar and Rajaram Das under Sections 341, 323, 504 and 506 read with Section 34 of the Indian Penal Code, which are bailable Sections.
It is next submitted that on submission of chargesheet against the said coaccused persons, the learned trial Court has taken cognizance for the offences punishable under Sections 341, 323, 307, 379 and 504 of the Indian Penal Code against the petitioner and other co-accused persons vide order dated 22.02.2024. It is further submitted that from the materials which have surfaced during the course of investigation, the informant's wife namely, Sangita Devi, whose injuries are said to have been examined by the attending doctor have been found to be simple in nature, though caused by hard and blunt substance.
3/4 ingredients of Section 307 of the IPC is not applicable. It is next submitted that petitioner is a social worker and there is no chance of his absconding or tampering with the evidence since the chargesheet has already been submitted. It is last submitted that petitioner carries clean antecedent.
5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the fact that petitioner has clean antecedent, injury of the injured person is found to be simple in nature and after investigation the final form was submitted against this petitioner, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Lakhisarai, in connection with Mednichowki P.S. Case No. 84 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S., as well as on the following conditions:
4/4 (i) one of the bailors should be the family member / relative of the petitioner(s), who shall provide official document to show his / her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the learned trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his / her / their bail bond by the learned trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bond;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) Shahnawaz/- U T