Lalan SharmaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88354 of 2025
                      Arising Out of PS. Case No.-401 Year-2024 Thana- BELDOUR District- Khagaria
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                 Lalan Sharma Son of Vakil Sharma Resident Of Village -Gwas Tiwari Basa,
                 Ps -Beldaur, Dist- Khagaria                              ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mrs. Nirmala Kumari, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   09-01-2026                      Heard Mr. Ranjeet Kumar Singh, learned counsel

                   for the petitioner and Mrs. Nirmala Kumari, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Beldaur P.S. Case No. 401 of 2024, F.I.R. dated

                   19.11.2024 for the offences punishable under Sections 126(2),

                   127(2), 115(2), 324(4), 324(5), 121(2), 352, 351(2) and 3(5) of

                   the BNS, 2023.

                               3. According to prosecution case, one Anil Sharma is

                   forcibly building a house on a disputed land with the help of

                   about 100 anti-social elements. When the informant along with

                   other police personnel reached there and restrained them from

                   doing so then these anti-social elements attacked on the police

                   personnel and also damaged their vehicle and snatched their

                   service pistol.

                               4. Learned counsel for the petitioner submits that
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          petitioner is innocent and he has falsely been implicated in the

          present case. From perusal of the F.I.R it appears that there is no

          specific allegation attributed against the petitioner. In fact, the

          F.I.R has been lodged against 100 persons including this

          petitioner. He further submits that the similarly situated co-

          accused, namely, Pankaj Kumar @ Pankaj Sharma has been

          granted privilege of anticipatory bail by this Court vide order

          dated 22.05.2025 passed in Cr. Misc. No. 33585 of 2025.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner is named in the F.I.R and apart from

          that the petitioner carries one criminal antecedent other than the

          present one but fairly submits that the petitioner is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances

          that there is no specific allegation against the petitioner and the

          co-accused person has been granted anticipatory bail by this

          Court, let the petitioner, above named, in the event of his arrest

          or surrender before the court below within a period of thirty

          days from the date of receipt of the order, 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
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                      J.M. 1st Class, Khagaria in connection with Beldaur P.S. Case

                      No. 401 of 2024, subject to the conditions as laid down under

                      Section 438(2) of the Code of Criminal Procedure and with

                      other following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                             (Rajesh Kumar Verma, J)
Vanisha/-
U      T