Shri Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74819 of 2025 Arising Out of PS. Case No.-84 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.
Shri Kumar, S/O Late Damodar Das, R/O Vill.- Khawa, Chandra Tola, P.S.- Mednichowki, Dist.- Lakhisarai.
2.
Mukesh Kumar, S/O Late Yugal Das, R/O Vill.- Khawa, Chandra Tola, P.S.- Mednichowki, Dist.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Adv.
For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-12-2025 Heard Mr. Umesh Prasad, learned counsel for the petitioners and Mr. Harendra Prasad, learned APP for the State.
2. The petitioners apprehend their 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.
3. The main submissions advanced by petitioners' counsel are that both the petitioners have no criminal antecedent and the FIR has been registered against nine accused persons, including the petitioners, and the main and specific allegation is against co-accused Sanjit Kumar @ Bujhan, who has been
Patna High Court CR. MISC. No.74819 of 2025(2) dt.03-12-2025 2/3 granted anticipatory bail by a co-ordinate bench of this Court vide order dated 01.12.2025 passed in Cr. Misc. No. 79185/2025 and against the petitioners, there is no specific allegation. It is further submitted that after the completion of the investigation, though the police chargesheeted the petitioners only for the bailable offences giving them the benefit under section 41(A) of the Cr.P.C. but the learned trial court, differing with the police conclusion, took cognizance of the offence under section 307 along with other offences under the IPC, without any material against the petitioners.
4. Learned APP for the State has opposed the prayer of the petitioners.
5. In the facts and circumstances of this case and considering the above stated facts and mainly the nature of allegation appearing against the petitioners and coupled with petitioners' fair and clean antecedent, this Court is inclined to grant the relief of anticipatory bail to the petitioners. Accordingly, let the petitioners named-above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.74819 of 2025(2) dt.03-12-2025 3/3 satisfaction of the Court concerned in connection with Mednichowki P.S. Case No. 84 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS. (Shailendra Singh, J) annu/- U T