Patna High CourtCR. MISC./33654/2025bail granted

Abdhesh Kumar @ Awadhesh Kumar v. The State Of Bihar

2025-05-28Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33654 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- EKCHARI District- Bhagalpur ====================================================== Abdhesh Kumar @ Awadhesh Kumar S/o Jichchu Ravidas Resident of Village- Khawaspur, PS- Ekchari, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar No.6, Adv For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ekchari P.S. Case No. 06 of 2025 registered for the offences punishable u/s 126(2), 127(2), 115(2), 74, 75, 140(3), 87, 352, 351(2) and 3(5) of the B.N.S.

3. As per the prosecution case, on 06.02.2025, at about 7:00 P.M., the informant was going to the shop and in the meantime, the petitioner and other co-accused persons started misbehaving with her and the co-accused persons are alleged to have made an attempt to kill her by pressing her neck and forcibly took her on a bed to commit wrong. Thereafter, the parents of the informant learnt regarding the said incident and

Patna High Court CR. MISC. No.33654 of 2025(2) dt.28-05-2025 2/3 informed the police. It is further alleged that on arrival of the police, the petitioner and others had assaulted the informant and her family members and also threatened with dire consequences.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no such incident, as stated in the FIR, has occurred. It is further submitted that the allegation against the petitioner is general and omnibus in nature. It is next submitted that the brother of the informant used to tease the sister of the petitioner and for which a case was lodged on 11.02.2025 bearing Bhagalpur Mahila P.S. Case No. 09 of 2025. It is lastly submitted that the petitioner has no criminal antecedents and is in custody since 12.02.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that there is a specific allegation against the petitioner to have molested the informant, hence, he does not deserve the liberty of bail.

6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner has clean criminal antecedent and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.33654 of 2025(2) dt.28-05-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur, in connection with Ekchari P.S. Case No. 06 of 2025, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner 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 petitioner will be liable to be canceled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(v) The learned 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.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T