Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83121 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- CHIKSAUR District- Nalanda ====================================================== Sujit Kumar S/o Late Surendra Prasad Resident of - Chak Mohiuddin Pur, P.S - Chik Saura, District - Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tilak Sao, Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-01-2026 Heard Mr. Tilak Sao, learned counsel for the petitioner and Mr. Upendra Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 04.07.2025, in connection with Chiksaura P.S. Case No. 113 of 2025, F.I.R. dated 04.07.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 352, 3(5) of the B.N.S., 2023.

3. Allegation against the petitioner is that he along with other co-accused persons having armed with weapon, assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not

2/4 committed any offence as alleged in the F.I.R. From perusal of the F.I.R. it appears that there is allegation of assault against five persons including the petitioner but there is no specific allegation against the petitioner in the F.I.R. and there is allegation of assault by lathi is against co-accused person namely Sachin Kumar and there is specific allegation of firing is against co-accused persons namely Praveen Kumar @ Munna and Manjit Kumar @ Munna. He further submits that coaccused person namely Aakash Kumar has been granted the privilege of anticipatory bail by this Court vide order dated 08.01.2026 passed in Cr. Misc. No. 86868 of 2025, another coaccused person namely Anish Yadav @ Anish Kumar has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 25.09.2025 passed in Cr.

Misc. No. 65527 of 2025, another co-accused person namely Sachin Kumar has been granted regular bail by a Coordinate Bench of this Court vide order dated 13.10.2025 passed in Cr. Misc. No. 65570 of 2025, another co-accused person namely Rajnish Kumar @ Bugla @ Gugla has been granted regular bail by a Coordinate Bench of this Court vide order dated 18.09.2025 passed in Cr. Misc. No. 65064 of 2025 respectively.

3/4 against the petitioner and the petitioner is in custody since 04.07.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R. and he has participated in the present crime in question and apart from aforesaid the petitioner carries two more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in one case and one case is pending for consideration before the competent court of law.

6. Considering the facts and circumstances of the case and the fact that there is no specific allegation of any assault or overt act or firing attributed against the petitioner in the F.I.R. and similarly situated co-accused persons have been granted regular bail or anticipatory bail by this Court or by a Coordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Hilsa at Nalanda in connection with Chiksaura P.S. Case No. 113 of 2025, subject to the following conditions :-

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(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T