Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6892 of 2025 Arising Out of PS. Case No.-299 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== 1.
Rajesh Kumar S/O Rajendra Prasad Yadav, Resident of village- Chhotaki Kuhari, P.S- Fatehpur, District- Gaya, Bihar 2.
Akhlesh Kumar @Akhilesh Yadav S/O Rajendra Prasad Yadav, Resident of village- Chhotaki Kuhari, P.S- Fatehpur, District- Gaya, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Advocate For the State :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail, apprehending their arrest, in connection with Fatehpur P.S. Case No. 299 of 2024, dated 24.05.2024, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 354(B) and 379 of the Indian Penal Code.
3. Learned counsel for the Petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact altercation took place between informant and accused side in regard to outraging modesty of one lady of the petitioners' side leading to injury on
Patna High Court CR. MISC. No.6892 of 2025(3) dt.14-05-2025 2/3 both sides and lodging case and counter case. The Counter case lodged by the petitioners' side bears Fatehpur P.S. Case No. 300 of 2024, registered for the offences punishable under Sections 341, 323, 307, 354(B), 504 and 506/34 of the Indian Penal Code.
4. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
5. It has further been stated in paragraph no.3 of the bail petition that the petitioners have no criminal antecedents.
6. However, learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
7. Considering the case and counter case and injury on both sides, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Fatehpur P.S. Case No. 299 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S.,
Patna High Court CR. MISC. No.6892 of 2025(3) dt.14-05-2025 3/3 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) ravishankar/- U T