Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 54702 (PAT)

Mohan Kumar @ Mohan Raj v. The State of Bihar

CR. MISC./41642/2025 · 2025-07-16

S B P Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41642 of 2025 Arising Out of PS. Case No.-46 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Mohan Kumar @ Mohan Raj son of Ram Kripal Yadav @ Mithilesh Prasad Yadav village- Hariraha Rustampur Ps -Laukahi District- Madhubani Prasently Rigal Daignastic, Allalpatti, District- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s : Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Laheriasarai (Benta) P.S. Case No. 46 of 2024 for the offence under Sections 147, 148, 149, 341, 323, 387, 427, 379, 504 and 506 of the Indian Penal Code. 3. As per the prosecution story, the informant has alleged that on 22.01.2024, all the F.I.R. named accused persons, armed variously, came to his hospital for demanding ransom. When the ransom was not given to them, they destroyed three computer sets, three televisions, ten C.C.T.V. cameras, furniture and other machines of the hospital. It is also alleged that they have stolen Rs. 20,000/- cash from the drawer Patna High Court CR. MISC. No.41642 of 2025(2) dt.16-07-2025 2/3 and also the personal laptop of the informant. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to dirty local politics. Due to negligency of doctor, one Pushpak Kumar Yadav who is the nephew of co-accused – Vikash Kumar died in the hospital of informant. Thereafter, parents of Pushpak Kumar Yadav got registered a case, and for saving himself, the informant has got registered this false case after five days. Learned counsel further submits that in the impugned order itself, it is mentioned that as per case diary no witness has supported the occurrence of demanding ransom. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai (Benta) P.S. Case No. 46 of 2024 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- Patna High Court CR. MISC. No.41642 of 2025(2) dt.16-07-2025 3/3 (i) One of the bailors should be close relative of the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T