Subhash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70899 of 2025 Arising Out of PS. Case No.-219 Year-2025 Thana- SAKRA District- Muzaffarpur ====================================================== Subhash Kumar, S/o Ramdas Ray R/o Village - Manoharpatti, P.S.- Sakra, District.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Alok Kumar Alok For the State :
Mr. Rajendra Prasad Nat For the Informant :
Mr. Ajay Kumar Sinha- Advocate Ms. Varsha Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-10-2025
1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 108 of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 22 years and the informant alleges that on 30.04.2025, he received an information that his son was being assaulted. Accordingly, he reached the place of occurrence and saw six named accused persons including the petitioner assaulting his son by wrapping towel around his neck, however,
2/4 with intervention of villagers, the informant brought his son back home, but his son was disturbed and was asking why he was assaulted for no fault of his. Thereafter, on 01.05.2025 at 5.00 A.M. when the informant woke up, he saw his son hanging.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that a specific pleading has been made in the anticipatory bail application that the deceased was in habit of committing obscene act in the village for which he was reprimanded by the villagers also. It is next submitted that on 30.04.2025, the deceased committed some obscene act for which he was reprimanded and assaulted, but on intervention of villagers, the informant took his son back home.
It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant in sum and substance alleges that on account of assault meted out to the victim, he committed suicide, but then, it is submitted that it does not appear probable that merely because the victim was assaulted, as such, he committed suicide. It is submitted that since the villagers had reprimanded the victim for committing obscenity, as such, out of guilt the victim committed suicide.
3/4 no case of abetment against the petitioner is made out. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. It is also submitted that the date of occurrence of assault is alleged to have taken place on 30.04.2025. The victim committed suicide on 01.05.2025 and the FIR came to be instituted on 03.05.2025 i.e. after a delay of two days without any plausible explanation of delay. It is also submitted that petitioner is a young boy aged about 22 years and in the event, if he sent to judicial custody in the nature of allegation as alleged in the FIR, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application, but then, the learned counsel appearing on behalf of the informant is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that no person merely because he was assaulted would commit suicide nor the FIR discloses that as to why the deceased was suffering from guilt and there is a delay of two days in instituting the FIR.
6. Considering the submissions made by the learned
4/4 counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-15th, East, Muzaffarpur in connection with Sakra P. S. Case No.219 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T