Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82092 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Arvind Kumar S/o- Bedan Sah @ Bedanand Sah, R/v- Naulakhi Rahika Tola W. No-5, Janki Nagar, Dist- Purnea.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Asha Verma, Advocate Mr. Manish Kumar, Advocate Mr. Rajeev Nayan, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Janki Nagar P.S. Case No. 198 of 2024 dated 03.06.2024, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 and 120B of the Indian Penal Code.
3. As per the prosecution case, the petitioner and other co-accused persons, under a conspiracy, armed with deadly weapons assaulted the father of the informant with rod, lathi and dabiya causing serious injuries to him. When the persons nearby tried to intervene, the co-accused persons took out pistols and opened fire in order to terrorize the gathering. The father of the informant died during his treatment.
Patna High Court CR. MISC. No.82092 of 2025(2) dt.03-12-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. There is no allegation of assault against this petitioner and he has been named in this case along with six other co-accused persons. No specific overt act has been attributed to this petitioner who was not even present at the place of occurrence. The allegation of assault upon the father of the informant is against co-accused Naresh Sah and Aditya Kumar and one Pinki Devi. The co-accused Naresh Sah has been granted regular bail by a learned co-ordinate Bench of this Court vide order dated 03.11.2025 passed in Cr. Misc. No. 54935 of 2025 and the case of the petitioner is on much better footing. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 01.08.2025.
5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact there is no allegation of any specific overt act against this petitioner and also considering his clean antecedent, his period
Patna High Court CR. MISC. No.82092 of 2025(2) dt.03-12-2025 3/3 of custody and submission of chargesheet, the petitioner, abovenamed, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea / concerned Court, in connection with Janki Nagar P.S. Case No. 198 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J) Shahnawaz/- U T