Patna High CourtCR. MISC./69606/2025bail granted

Saurabh Kumar v. The State Of Bihar

2025-09-24Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69606 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Saurabh Kumar Son of Tribhuban Prasad Resident of Village - Noawan, P.S. - Ashthawan, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard Mr. Sudhir Kumar, learned counsel for the petitioner and Mr.Lakshmi Kant Sharma, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Manpur P.S. Case No. 49 of 2024 registered on 24.03.2024 for offences under Sections 147, 149, 188, 341, 342, 332, 353, 307, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of trying to free the arrested accused, namely, Bhajju @ Raju Kumar Ranjan by assaulting the informant and the police party.

4. Learned counsel for the petitioner submits that there is no allegation of any overt-act against this petitioner in the crime of the said occurrence and the name of the petitioner has surfaced on the basis of confessional statement of co-accused persons who

Patna High Court CR. MISC. No.69606 of 2025(2) dt.24-09-2025 2/3 are said to have been arrested by the police. It has next been submitted that the police is the informant in this case and without there being any injury, still Sections 307, 353 and 332 have been levelled against this petitioner only for the purpose of harassing him. Lastly, it has been submitted that similarly situated coaccused persons, namely, Nitish Kumar vide Cr. Misc. No. 51618 of 2024, Vinay Kumar & Anr vide Cr. Misc. No. 50884 of 2025, Dablu Kumar vide Cr. Misc. No. 88851 of 2024 and Ganauri Kumar @ Prince Raj vide Cr. Misc. No. 48710 of 2025 have been granted anticipatory bail and or regular bail by the Co-ordinate Benches of this Court.

5. On the other hand, learned APP vehemently opposes the prayer for anticipatory bail of the petitioner submitting that the petitioner and other accused persons have tried to create hindrance in smooth functioning of law and order.

6. Considering the submissions of the parties and the fact that there is no any allegation of overt-act against this petitioners and similarly situated accused persons, as stated hereinabove, have been granted anticipatory bail and or regular bail by the Co-ordinate Benches of this Court, this Court is inclined to extend him the privilege of anticipatory bail.

7. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in

Patna High Court CR. MISC. No.69606 of 2025(2) dt.24-09-2025 3/3 the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bihar Sharif, Nalanda/concerned court below in connection with Manpur P.S. Case No. 49 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners 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 petitioners 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 (iv) the petitioners 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.

(Ajit Kumar, J) perwez U T