Patna High CourtCR. MISC./31649/2025bail granted

Rajeev Kumar@Raja Kumar@Mayaram Kumar Yadav@Marayam Kumar Yadav@Mayaram Yadav@Mayaram Kumar v. The State Of Bihar

2025-05-19Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31649 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== 1.

Rajeev Kumar@Raja Kumar@Mayaram Kumar Yadav@Marayam Kumar Yadav@Mayaram Yadav@Mayaram Kumar S/O Late Uchit Yadav R/O Village - Balour P.S - Morkahi, Distt - Khagaria 2.

Prajo Kumar @ Praja Kumar S/O Late Uchit Yadav R/O Village- Balour, P.S.- Morkahi, Distt.- Khagaria 3.

Jajo Kumar Yadav @ Jajjo Yadav S/O Late Uchit Yadav R/O VillageBalour, P.S.- Morkahi, Distt.- Khagaria 4.

Ravi Kumar Yadav @ Ravi Yadav S/O Late Shankar Yadav R/O VillageBalour, P.S.- Morkahi, Distt.- Khagaria 5.

Govind Kumar Yadav @ Govind Kumar S/O Late Shankar Yadav R/O Village- Balour, P.S.- Morkahi, Distt.- Khagaria 6.

Rahul Kumar Yadav @ Rahul Yadav S/O Parmanand Yadav R/O VillageBalour, P.S.- Morkahi, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard learned Counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Morkahi P.S. Case No. 131 of 2024 registered for the offences punishable u/s 126(2), 115(2), 109, 303(2), 324(4), 324(5) and 3(5) of the B.N.S.

3. As per the prosecution case, on 01.09.2024, the informant was sitting at his Basa. In the meantime, the accused persons armed with weapons came there and started to take him

Patna High Court CR. MISC. No.31649 of 2025(2) dt.19-05-2025 2/3 down towards the Dhar. It is further alleged that the accused persons started assaulting the informant as well as his son due to which his son became unconscious and he was taken to Khagaria Sadar Hospital from where he was referred to Bhagalpur for better treatment.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the allegation of assault against the petitioners is general and omnibus in nature. It is next submitted that there is case and counter case between the parties. It is lastly submitted that the petitioners have clean criminal antecedent and are in custody since 27.02.2025.

5. Learned APP for the state has vehemently opposed the prayer for bail and has stated that the allegation against the petitioners is that they have caused grievous injury to the injured persons.

6. Considering the aforesaid submissions of the parties and taking into account the fact that the allegation against the petitioners is general and omnibus in nature, let the petitioners above-named, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.31649 of 2025(2) dt.19-05-2025 3/3 sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Morkahi P.S. Case No. 131 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be canceled by the Court concerned. (iv) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T