Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80903 of 2025 Arising Out of PS. Case No.-413 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== Suman Kumar S/O Bipin Singh Resident of Village- Basti, P.S- Harnaut, District- Nalanda at Biharsharif.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-12-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Harnaut P.S. Case No. 413 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 324(4), 303(2), 109(1), 351(3), 352, 3(5) of the BNS.

3. On the fateful day, while the informant along with his wife were going on a Car, in the meantime, all the FIR named accused persons, including the petitioner, intercepted them and one of the co-accused fired upon the informant and some of the accused persons snatched the valuables. It is further alleged that the petitioner along with others assaulted the informant and damaged the vehicle.

4. Learned Advocate for the petitioner submitted that so far the allegation of firing is concerned, the same has been

Patna High Court CR. MISC. No.80903 of 2025(2) dt.04-12-2025 2/3 attributed to co-accused Ritik Raushan. The specific allegation of accusation of causing assault has been levelled against Chhote Kumar, Anant Kumar and Shubham Kumar, who are not before this Court. The petitioner is said to be one of the accused person, however, without any specific allegation of participation. It is further contended that taking note of the aforesaid fact, one of the co-accused person facing identical allegation has been allowed the privilege of anticipatory bail in Cr. Misc. No. 10327 of 2025 vide order dated 17.09.2025. The petitioner bears one criminal antecedent, however he is on bail in the said case.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application.

6. Considering the nature of accusation against the petitioner, coupled with the fact that one of the co-accused person, facing identical allegation, has been allowed the privilege of anticipatory bail and the case of the petitioner stands on parity, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.80903 of 2025(2) dt.04-12-2025 3/3 amount each to the satisfaction of the learned ACJM 1st Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 413 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) Anjani/- U T