IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19214 of 2025 Arising Out of PS. Case No.-781 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Vishal Kumar S/O Bachchu Kumar @ Bachcha Ray R/O Village- Sikandra, P.O- Mangarpal, P.S- Dariyapur, Distt.- Saran, at Present Grand Son of Surendra Raut, R/O Village- Hasanpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar For the Opposite Party/s : Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 23-04-2025 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 427 of the Indian Penal Code. 3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 22 years and the informant alleges that on 29.12.2023, brother of the informant went to attend a marriage ceremony at the house of Sanjay, where a quarrel took place between the hosts and the guests, but on intervention of well- wishers, the issue was resolved. It is next alleged that when Patna High Court CR. MISC. No.19214 of 2025(2) dt.23-04-2025 2/5 guests were returning after attending the marriage, they were intercepted by 12 accused persons on the way along with 25 unknown accused including the petitioner and the accused assaulted by sword, farsa, knife causing injury to five persons including his brother, further the brother of the informant died. 4. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant himself alleges that it was his brother who had gone to attend marriage at the house of Sanjay, as such, informant had not accompanied him. It is next submitted that though the informant alleges that when the guests were returning after attending marriage, they were intercepted by the accused persons including the petitioner, but then, does not disclose the source based on which he came to know that who were involved in the occurrence as the informant does not even remotely suggest that his brother or any of the injured disclosed the name of the accused persons including the petitioner of committing the occurrence. It is further submitted that no doubt, five persons in the occurrence were injured and the brother of the informant died, but then, the informant is not an eye witness to the occurrence. It is next submitted that petitioner is a student, who has completed his B. A. Honours as Patna High Court CR. MISC. No.19214 of 2025(2) dt.23-04-2025 3/5 would manifest from Annexure-2 to the anticipatory bail application from L. N. Mithila University, Kameshwar Nagar, Darbhanga. It is next submitted that though petitioner is a named accused in the FIR, but then, informant is not an eye witness to the occurrence, nor the FIR discloses that on what basis the informant came to know about the name of the petitioner and other accused persons. 5. Learned A.P.P. opposes the anticipatory bail application and submits that from perusal of the allegation as alleged in the FIR, it would manifest that the guests who were returning after attending the marriage were brutally assaulted by the accused persons which also includes the name of the petitioner, but then, fairly submits that informant is not an eye witness to the occurrence. It is also submitted that in the event, if the privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. It is also submitted that in the nature of allegation, if petitioner is sent to jail, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminal. Patna High Court CR. MISC. No.19214 of 2025(2) dt.23-04-2025 4/5 6. Considering the submissions and taking into account the fact that petitioner is a young boy and is a student, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail- bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Shyam Nath Sah, the learned Judicial Magistrate, 1st Class, Samastipur in connection with Patory P. S. Case No.781 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with condition that one of the bailors of the petitioner shall be his father namely, Bachchu Kumar @ Bachcha Ray 7. The application stands allowed. 8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons. 9. Let a copy of this order be sent to the concerned Patna High Court CR. MISC. No.19214 of 2025(2) dt.23-04-2025 5/5 Police Station through the learned trial Court. vikash/- (Satyavrat Verma, J) U T