Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86748 of 2025 Arising Out of PS. Case No.-626 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.
Abhishek Kumar S/o Chandrama Paswan R/o Village- Bharpura, P.S.- Sonpur, District- Saran at Chapra 2.
Aman Kumar S/o Pramod Paswan R/o Village- Bharpura, P.S.- Sonpur, District- Saran at Chapra 3.
Prem Kumar S/o Shambhu Paswan R/o Village- Bharpura, P.S.- Sonpur, District- Saran at Chapra 4.
Banti Kumar @ Sunil Kumar S/o Hardayal Paswan R/o Village- Bharpura, P.S.- Sonpur, District- Saran at Chapra 5.
Kunal Kumar @ Kunal S/o Sale Ram R/o Village- Bharpura, P.S.- Sonpur, District- Saran at Chapra 6.
Jyoti Kumar S/o Sale Ram R/o Village- Bharpura, P.S.- Sonpur, DistrictSaran at Chapra 7.
Suraj Kumar @ Suraj Paswan S/o Sale Ram R/o Village- Bharpura, P.S.- Sonpur, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2026 Heard Mr. Shakti Suman Kumar, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Sonpur P.S. Case No. 626 of 2025, F.I.R. dated 27.06.2025 for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS.
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3. As per the First Information Report, due to previous dispute, the petitioner along with other co-accused persons assaulted to the informant by means of lathi and danda causing injury on the nose and head of the informant.
4. Learned counsel for the petitioners submits that petitioner nos. 1 and 2 having one case other than the present case. Petitioner nos. 3 to 7 have clean antecedent. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R., rather the the present case is counter blast of Sonpur P.S. Case No. 623 of 2025 filed by the petitioner no. 1 against the informant and her family members. He further submits that although petitioners are named in the F.I.R., from perusal of the F.I.R., it appears that there is no specific allegation of assault against these petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances, that there is no specific allegation of overt act against the petitioners, let the petitioners, above named, in the event of
3/4 arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonpur P.S. Case No. 626 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) khushbu/- U T