Vishwanath Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31755 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- MAIGRA District- Gaya ====================================================== Vishwanath Bhuiyan son of Ramrarup Bharti @ Ramswarup Bhuiyan @ Ramswarup Bharti village- Piparwar Tola, Chatakpur, Ps- Maigra, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the State :

Mrs. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-05-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Maigra P.S. Case No. 83 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 109 and 3(5) of B.N.S. Petitioner has clean antecedent.

3. The prosecution case is to the effect that four named accused persons including the petitioner assaulted the son of the informant causing head injury and thereafter he anyhow managed to save himself and was subsequently treated at P.H.C., Dumariya and was further referred to Magadh Medical Hospital, Gaya for better treatment.

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

Patna High Court CR. MISC. No.31755 of 2025(2) dt.20-05-2025 2/3 case. There is no specific overt act alleged against the petitioner and there is general and omnibus allegation on four persons of assaulting the son of the informant. Learned counsel for the petitioner further submits that petitioner has clean antecedent and he is in custody since 05.01.2025.

5. The learned A.P.P for the State opposes the prayer for bail and has stated that there is an allegation upon the petitioner to have assaulted the son of the informant.

6. Considering the aforesaid submissions made by the respective parties and taking account that there is general and omnibus allegation of assault against all four accused persons, I am inclined to grant the petitioner privilege of regular bail.

7. Accordingly, the prayer for bail is allowed.

8. Let the petitioner, above named, 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 court of learned J.M. 1st Class, Sherghati at Gaya, in connection with Maigra P.S. Case No. 83 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in

Patna High Court CR. MISC. No.31755 of 2025(2) dt.20-05-2025 3/3 Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(iv) 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.

(Sourendra Pandey, J) Siwani/- U T