Aadarsh Kumar @ Ankit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31334 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== Aadarsh Kumar @ Ankit S/o Nawal Kishor Singh R/o Village- Namidih, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Bela Singh, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2025 Heard Ms. Bela Singh, learned counsel for the petitioner as well as learned counsel for the informant and Mr. Ganesh Prasad Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Lalganj P.S. Case No. 23 of 2025, F.I.R. dated 10.01.2025 for the offences punishable under Sections 126, 118, 329(3), 109, 303(2) and 351(3) of Bharatiya Nyay Sanhita.
3. According to prosecution case, the petitioner in intoxicating state assaulted the informant with knife while he was going on market and he also took money from his pocket.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.31334 of 2025(2) dt.15-05-2025 2/3 petitioner has not committed any offences as alleged in the F.I.R. He further submits that it appears from the F.I.R. that although there is specific allegation against this petitioner that he assaulted the informant by means of knife and the informant received injury but the injury report of the informant suggests that the injury is simple in nature.
5. The learned Additional Public Prosecutor as well as informant has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R. that there is direct and specific allegation of assault is attributed against this petitioner and in the present occurrence the informant has received some injury.
6. Considering the aforesaid facts, the petitioner has clean antecedent and injury inflicted upon the informant is simple in nature,s let the petitioner, above named, in the event of 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 Additional Chief Judicial Magistrate-VIII, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 23 of 2025, subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.31334 of 2025(2) dt.15-05-2025 3/3 the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 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) Jyoti Kumari/- U T