Gyan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3020 of 2025 Arising Out of PS. Case No.-77 Year-2024 Thana- Mohanpur District- Purnia ====================================================== Gyan Kumar S/o- Late Dharmraj Sadal Village- Pyara Bhawan Near Circuit House Court Station- P.K K. Hat Dsitrict-Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr. Bijendra Kumar Singh, Adv.

For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-07-2025 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner assisted by Mr. Bijendra Kumar Singh, Advocate and Mr. Yogendra Kumar, learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 316(2), 316(5), 318(4), 338, 336(3) of the BNS, 2023.

3. The case of the prosecution is that although there was a specific Government direction not to issue any offline receipt, yet the petitioner issued such receipts on 28.03.2022.

4. Learned senior counsel for the petitioner submits that the petitioner has been made accused in the present case on account of a previous official dispute and there is an inordinate delay in lodging of the FIR as the alleged date of occurrence is 28.03.2022, whereas the FIR has come to be lodged in the year

Patna High Court CR. MISC. No.3020 of 2025(5) dt.24-07-2025 2/2 2024, that is, after 21⁄2 years. It is further submitted that the petitioner has also deposited the said amount of Rs. 20,500/- on 27.08.2024 which has been stated in paragraph 12 of the petition and the receipt number has also been given. It is next submitted that the present case has been instituted against the petitioner while he was on the verge of retirement and now, he has already retired although he has had an unblemished service record.

5. Learned APP for the State, however, opposes the prayer for anticipatory bail.

6. Considering the entire facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 lower Court where the case is pending/successor Court in connection with Mohanpur P.S. Case No. 77 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T