Sohan Kumar @ Sohan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81863 of 2025 Arising Out of PS. Case No.-126 Year-2025 Thana- DALSINGHSARAI District- Samastipur ====================================================== Sohan Kumar @ Sohan Kumar Yadav, Son of Virendra Ray @ Lalan Yadav, R/o Village- Bajopur, Gobindpur, P.S.- Mansurchak, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-01-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Dalsing Sarai P.S. Case No. 126 of 2025 registered for the offence(s) under Section(s) 140(2) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has alleged that the named accused person, namely, Awadhesh Kumar had taken along her husband, namely, Rajiv Kumar with
2/4 him and when she tried to contact her husband, she was informed that she should arrange for Rs. 20,00,000/- as extortion money; otherwise her husband would be killed.
4. The learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name has transpired in the confessional statement of co-accused, namely, Keshav Kumar. It has further been submitted that no specific allegation of overt act has been alleged against the petitioner even by the co-accused and moreover, the victim, namely, Rajiv Kumar in his statement under Section 180 as well as under Section 183 of the B.N.S.S. has not named the petitioner. It has lastly been submitted that the petitioner carries no criminal antecedent.
5. The learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the concerned Court/successor Court within a period of four weeks from today, on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
3/4 Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court/successor Court where the case is pending in connection with Dalsing Sarai P.S. Case No. 126 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 read with corresponding Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioner shall be his close relative and the other shall be a local resident. (ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the concerned Court.
(iv) If the petitioner, in future, is found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that he has concealed his criminal antecedent, the Court concerned shall take necessary steps for cancellation of his bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
4/4 in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Praveen-II/- U T