Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78604 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- ROH District- Nawada ====================================================== Sonu Kumar S/O Umesh Yadav Resident of Village - Mahkar, P.S - Roh, Dist.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Ranjan, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 331(4), 305, 126(2), 115(2), 352, 351(3) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that his sister, on hearing sound at 1 A.M., came down-stair and saw that petitioner had entered the house with an intent to commit theft, on alarm, he fled by jumping over the wall, further other family members came down-stairs and saw that house-hold articles were scattered and Rs.15,000/- along with jewellery was missing from the shop located within the premises, further in the morning on 27.06.2025, the informant
2/4 was discussing about the occurrence when petitioner along with his brother came and abused and assaulted him and said that if any case is filed in that event he would be killed.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the address of the informant as recorded in the FIR and the address of the petitioner as recorded in the anticipatory bail application, it would manifest that both petitioner and the informant are covillagers. It is next submitted that specific pleading has been made at Para-8 of the anticipatory bail application that petitioner is a next door neighbour. It is further submitted that it absolutely does not stand to reason that had the informant been aware that who had entered the house in the morning of 27.06.2025 at 1 A.M. in that event he would not have been discussing the issue with the villagers in the morning rather would have instituted the FIR.
It is also submitted that from perusal of the last part of the allegations as alleged in the FIR, it appears that the informant with an intent to implicate the brother of the petitioner also falsely alleged that in the morning petitioner along with his brother assaulted and threatened him.
3/4 informant would never have committed such an occurrence. It is also submitted that since petitioner has antecedent hence the present false case came to be instituted. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Roh P.S. Case No.230/2025, subject to the conditions as laid down under Section 482(2) B.N.S.S.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at
4/4 liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) amit/- U T