Patna High CourtCR. MISC./29716/2025bail granted

Deepak Rai v. The State Of Bihar

2025-05-15Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29716 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- YADOPUR District- Gopalganj ====================================================== Deepak Rai Son of Umashankar Rai Resident of Vill -Mashanthana P.Syadopur Dist- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the State :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Yadopur P.S. Case No. 09 of 2025, dated 17.01.2025, registered for the offences punishable under Sections 126(2), 115, 118(2), 109, 76, 303(2) and 3(5) of B.N.S., 2023.

3. As per allegation, the petitioner and other coaccused persons have assaulted the informant with sword, causing injury on his head.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the informant and petitioner's side are agnates (gotiya) and on account of land dispute, altercation

Patna High Court CR. MISC. No.29716 of 2025(2) dt.15-05-2025 2/3 took place, leading to injury on both the sides and lodging of case and counter case and the case lodged by the petitioner's side is Yadopur P.S. Case No. 5139015250008 of 2024, registered for the offence punishable under Sections 126(2), 115, 118(1), 303(2) and 3(5) of B.N.S., 2023

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the case and counter case, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his 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 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Yadopur P.S. Case No. 09 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following

Patna High Court CR. MISC. No.29716 of 2025(2) dt.15-05-2025 3/3 conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his 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 petitioner. (Jitendra Kumar, J) shoaib/- U T