Rahul Kumar @ Sushant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58997 of 2025 Arising Out of PS. Case No.-473 Year-2025 Thana- SONEPUR District- Saran ====================================================== Lakhan Singh @ Manjeet Singh @ Manjeet Kumar S/O Mahesh Singh @ Maheshwar Singh R/O Village- Dudhaila Gachi, P.S.- Sonepur, DistrictSaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68568 of 2025 Arising Out of PS. Case No.-473 Year-2025 Thana- SONEPUR District- Saran ====================================================== Rahul Kumar @ Sushant Kumar S/O Nagendra Ray R/V- Damodarpur, P.SSonpur, Distt.- Saran (Chapra). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 58997 of 2025) For the Petitioner/s :
Mr.Awadhesh Kumar Singh, Adv.
For the State :
Mr.Pranav Kumar, APP (In CRIMINAL MISCELLANEOUS No. 68568 of 2025) For the Petitioner/s :
Mr.Anuj Kumar, Adv.
For the State :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 10-12-2025 Heard the learned counsel for the petitioners and the
2/4 learned Additional Public Prosecutor for the State.
2. The petitioners apprehends their arrest in connection with Sonepur P.S. Case No. 473 of 2025, dated 15.05.2025, registered under Sections 126(2), 115(2), 109, 308(4), 352, 351(2) (3), 3(5) of the B.N.S.
3. The prosecution case, in brief, is that on 15.5.2025 the employee of Adarsh Petrol Pump, Sonepur, namely, Munna Kumar was intercepted by the four accused persons in order to seek information regarding time table, as to when the money/amounts deposited in the bank. It is further alleged that when Munna showed his helplessness to share the information, he was assaulted badly and also threatened of dire consequences. This led the FIR.
4. Learned counsel for the petitioners submits that the allegation levelled against these petitioners along with other accused person is that they have assaulted the informant namely Munna Kumar, who is an employee of the Petrol Pump and according to him it is stated that with intention to extort money, they tried to strangulate him with gamcha. There is no independent witness to support the case of the prosecution. Allegation levelled against these petitioners are general and omnibus in nature and no incriminating material is said to have been recovered, while there is no injury caused to him, which is apparent from the report
3/4 appended with the Case diary.
5. On the other hand learned Additional Public Prosecutor for the State has opposed the prayer for anticipatory bail of the petitioners, but on being confronted has not disputed the fact that there is no injury, which is said to have been caused and injury report has also been appended with the case diary.
6. Considering the facts that the allegation, which is said to have been levelled against these petitioners are general and omnibus and there is nothing specific against these petitioners, there are two antecedents against both the petitioners, in which they are on bail, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur P.S. Case No. 473 of 2025, subject to the condition as laid down under Section 482 of the B.N.S.S as well as the following conditions:- (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;
4/4 (ii) the petitioner (s) 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/her/their bail bond by the Trial Court itself; (iii) the petitioner (s) 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 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) pravinkumar/- U T