Sourav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90580 of 2025 Arising Out of PS. Case No.-742 Year-2025 Thana- HILSA District- Nalanda ====================================================== Sourav Kumar S/O Ramadhin Yadav R/O Village- Koushik Nagar, P.S- Hilsa, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harendra Kumar, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-01-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Hilsa P.S. Case No. 742 of 2025 for the offence under sections 190, 191(2), 191(3), 115(2), 121(1), 132, 324(4) and 109(1) of the B.N.S. and Sections 3 and 4 of the Prevention of Damages to Public Property Act, 1984 lodged on 20.10.2025 by the informant, Abhijit Kumar
3. As per the prosecution story, the informant alleged that a fire broke out in the scrap shop near Hilsa Police Station. The Police upon information, reached the place alongwith the Fire Brigade but as the Fire Brigade failed to control the Fire, the public attacked both the Police as also the Fire Brigade throwing stones and resorted to brick batting. The name of the petitioner and other accused persons were identified on the basis
2/4 of CCTv which led to the FIR.
4. Learned counsel for the petitioner submits that being a local, he was also trying to bring the fire under control, under misconception, got implicated. He had no role to play in the matter, has no criminal antecedent and the last submission is that without accepting the allegation and/or the outcome of the present petition, learned counsel for the petitioner submits that he intends to contribute Rs. 5,000/- to the Chief Minister's Relief Fund.
5. Learned APP opposes the prayer submitting that the petitioner alongwith other locals tried to prevent to Police/Fire Brigade from doing their duty.
6. Allegation is there, it is unfortunate that instead of supporting the Government Officials in performing their duties, the accused resort to brick batting. In this case, since there is no criminal antecedent and an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions and subject to payment of Rs. 5,000/- to the Chief Minister's Relief Fund through Demand Draft and the receipt be submitted to the learned trial Court at the time of execution of bail bond.
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7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - I, Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 742 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T