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Patna High CourtCR. MISC./38733/2025bail granted

Raushan Kumar v. The State Of Bihar

2025-07-17Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38733 of 2025 Arising Out of PS. Case No.-120 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Raushan Kumar S/o- Nagina Yadav @ Nagina Prasad @ Nagina Ray VillageShankarpur PS-Neemchak Bathani Dist-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offences under Sections 323, 341, 504, 506, 379 and 308 of I.P.C.

3. As per the prosecution case, while the informant was returning from Rajgir, he was stopped and assaulted by the petitioner with a stick. The petitioner further stole a locket and Rs. 3,000/- cash from the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous enmity. Learned counsel further submits that from perusal of the injury report, it appears that the injuries sustained by the informant are simple in nature. It is lastly

Patna High Court CR. MISC. No.38733 of 2025(3) dt.17-07-2025 2/3 submitted that the petitioner has two criminal antecedents in which he is on bail and is in custody since 24.02.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account that the injuries sustained by the informant are simple in nature, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Neemchak Bathuni P.S. Case No. 120/2023 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. 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 cancelled by the court concerned.

d. The Court below shall verify the criminal

Patna High Court CR. MISC. No.38733 of 2025(3) dt.17-07-2025 3/3 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 aforementioned order shall not be delayed for purpose of or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) tusharika/- U T