Sahil Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sahil Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail in the event of arrest or surrender before the learned court below within eight weeks, on bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Patna, in connection with Phulwarisharif P.S. Case No. 862 of 2024, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, who apprehends arrest in Phulwarisharif P.S. Case No. 862 of 2024 (registered under Sections 147, 148, 149, 323, 336, 307, 326, 353, 268, 327, 427 IPC and Section 27 of the Arms Act), should be released on bail in the event of arrest or surrender (anticipatory bail).

Court's answer

Having considered the facts and circumstances, anticipatory bail allowed: the petitioner is to be released on bail in the event of arrest or surrender before the learned court below within eight weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Patna, in connection with Phulwarisharif P.S. Case No. 862 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner apprehending arrest in Phulwarisharif P.S. Case No. 862 of 2024, District Patna, registered under Sections 147, 148, 149, 323, 336, 307, 326, 353, 268, 327, 427 IPC and Section 27 of the Arms Act. Prosecution version: two groups fighting, one person injured, police recovered seven motorcycles, nine empty cartridges and one pellet; co-accused alleged to have got one accused released from police custody. Counsel contended the petitioner was implicated only because his motorcycle was found parked at the place of occurrence, and that similarly situated co-accused had already been granted bail vide orders dated 12.09.2024 and 25.09.2024 in Cr. Misc. Nos. 63536 of 2024 and 63731 of 2024; A.P.P. opposed. Court allowed the prayer: petitioner to be released on bail on arrest or surrender within eight weeks, bail bond Rs. 10,000 with two sureties of like amount each, before learned ACJM-XIV, Patna, subject to Section 438(2) Cr.P.C. conditions. (Prabhat Kumar Singh, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81963 of 2024

Arising Out of PS. Case No.-862 Year-2024 Thana- PHULWARISHARIF District- Patna

======================================================

Sahil Kumar S/o- Sanjeev Kumar R/o- Pokhar Bhawan Daya Niwas Rajapul Mainpura District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rudra Pratap Singh, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 22-01-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 147, 148, 149, 323, 336, 307, 326, 353, 268, 327, 427 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, on the alleged date and time of occurrence, two groups were fighting, as a result of which one person sustained injuries and police recovered seven motorcycles, nine empty cartridges and one pellet. It is further alleged that co-accused persons also got one accused person released from police custody.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.81963 of 2024(2) dt.22-01-2025 2/2

implicated in the present case only on the ground that his motorcycle was found parked at the place of occurrence, except this, there is no allegation against the petitioner. It is further submitted that similarly situated co-accused persons have already been granted bail by this Hon’ble Court vide orders dated 12.09.2024 and 25.09.2024 passed in Cr. Misc. Nos. 63536 of 2024 and 63731 of 2024 respectively.

Learned A.P.P. for the State opposed the prayer for

bail.

Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Patna, in connection with Phulwarisharif P.S. Case No. 862 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J)

utkarsh/-

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