Sourabh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 76503 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- BARIYARPUR District- Munger ====================================================== 1.
Sourabh Kumar S/o Pramod Mandal R/o Sotipul Padiya, PS- Bariyarpur, Distt- Munger 2.
Rakesh Kumar S/o Badal Yadav R/o Sotipul Padiya, PS- Bariyarpur, DisttMunger 3.
Jammat Kumar S/o Sudhir Yadav R/o Sotipul Padiya, PS- Bariyarpur, DisttMunger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jyoti Ranjan Jha For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE AJIT KUMAR ORAL ORDER 19-11-2025 Heard learned counsel for the petitioners and the learned APP for the State.
2 The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 191 (2), 191 (3), 190, 126 (2), 115 (2), 223, 121 (2), 132, 109, 352 of the BNS, 2023.
3 The prosecution case, as per the informant, who is a Police Officer, is that on 29.03.2025 while dealing with Bariyarpur PS Case No 176 of 2024, the accused person Deoraj Kumar @ Debu was arrested in that regard due to which villagers blocked NH - 333 demanding his release and when
Patna High Court CR. MISC. No.76503 of 2025(2) dt.19-11-2025 2/3 police personnel intervened, the mob became violent and attacked with bricks, stones and sticks as a result of which the police personnel got injured and some public vehicles were also damaged.
4 Learned counsel for the petitioners submits that there is general and omnibus allegation against these petitioners. However, the first information report is registered against 50 unknown persons out of which 25 accused are named. The learned counsel for the petitioners fairly submits that petitioners No 2 and 3 are named and during the course of investigation, name of petitioner No 1 has surfaced. It has next been submitted that in similar matter, this Court has granted anticipatory bail to the other similarly situated persons by order dated 24.09.2025 passed in Cr Misc No 69615 of 2025. 5 Considering the facts and circumstances and also the fact that there is no specific allegation against these petitioners, this Court is inclined to grant the privilege of anticipatory bail to the petitioners of this case also. 6 Let the petitioners abovenamed, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of this order, be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees
Patna High Court CR. MISC. No.76503 of 2025(2) dt.19-11-2025 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of ACJM II, Munger in Bariyarpur PS Case No 41 of 2025 subject to all conditions as laid down in Section 482 of the BNSS, 2023 and also 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 their bail bonds 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 evidence, failing which the State shall be at liberty to take steps for cancellation of their bail bonds; and (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 their bail bonds.
7 This application is allowed.
(Ajit Kumar, J) M.E.H./- U T