Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39329 of 2026 Arising Out of PS. Case No.-26 Year-2026 Thana- JAMHOR District- Aurangabad ====================================================== 1.
Akash Kumar S/o Naklesh Paswan @ Naklesh Ram R/o Village - Karhara, P.S - Jamhore, District - Aurangabad 2.
Mayank Kumar S/o Dhaiklal Mandal R/o Village - Karhara, P.S - Jamhore, District - Aurangabad 3.
Ayush Kumar S/o Dhananjay Paswan @ Dhananjay Kumar R/o Village - Karhara, P.S - Jamhore, District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Mukul Kumari, Adv.
For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Jamhore P.S. Case No. 26 of 2026 dated 27.01.2026 registered for the offence punishable under Sections 190, 191(2), 126(2), 115(2), 303(2), 351(2), 352, 109 of the B.N.S., 2023.
3. The prosecution allegation, in brief, is that on 27.01.2026, while the informant was returning home from the market, the named accused persons along with 50-60 unknown persons, armed with lathi and danda, allegedly assaulted him
2/4 causing head injury. It is further alleged that the accused also assaulted persons who intervened, damaged the gate of Akhilesh's house, and that accused Munna Kumar snatched the informant's gold chain and threatened to implicate him in a false SC/ST case.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. There is a case and counter case between the parties. It is next submitted that the incident has occurred due to playing of obscene song during the immersion of idols on the eve of Sant Ravidas Jayanti while the injuries which is said to have been sustained by the Informant is found to be simple in nature. It has next been submitted that the petitioners have also been assaulted by the Informant's family for which they also lodged F.I.R. bearing Jamhore P.S. Case No. 27 of 2026. It is lastly submitted that the petitioners have clean antecedent.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and considering the fact that there is a case and counter case between the parties and the injuries sustained by the Informant's side are found to be simple in nature and, as also, the petitioners
3/4 having no criminal antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVII, Aurangabad in connection with Jamhore P.S. Case No. 26 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions: (i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty
4/4 to take steps for cancellation of their bail bonds. (Ajit Kumar, J) rishi/- U T