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Patna High CourtCR. MISC./48295/2026allowed

Murari Kumar @ Abhshek Kumar @ Abhishek Kumar v. The State Of Bihar

2026-07-22Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48295 of 2026 Arising Out of PS. Case No.-88 Year-2026 Thana- KHIJARSARAI District- Gaya ====================================================== Murari Kumar @ Abhshek Kumar @ Abhishek Kumar S/o Suresh Yadav R/o Village - Mai, P.S - Khizersarai, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Khizersarai P.S. Case No. 88 of 2026, registered for the offenses punishable under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 351(2) and 3(5) of the B.N.S.

3. Allegedly while the informant was returning to his village on a four-wheeler, in the meanwhile, the petitioner along with other co-accused persons intercepted him. It is specifically alleged that co-accused Ravi Kumar pulled him out from the vehicle, whereupon all the co-accused persons assaulted him and thereafter co-accused Pappu Kumar snatched the golden chain and all the accused persons damaged the vehicle.

4. Learned Advocate for the petitioner drew the attention of this Court to the FIR and submitted that the specific

Patna High Court CR. MISC. No.48295 of 2026(2) dt.22-07-2026 2/3 allegation has been made to the co-accused Ravi Kumar and Pappu Kumar, who are not before this Court. So far the petitioner is concerned, there is omnibus allegation and only on account of the fact that the petitioner was present on the place of occurrence, his name has been implicated in this case without attributing any specific accusation. The reason behind the false implication of the petitioner is said to be a previous enmity between the parties. In the said incidence, the informant had not sustained any injury as is evident from the impugned order passed by the court below. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioner has actively participated in the crime.

6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fact that none has sustained any injury, besides the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this

Patna High Court CR. MISC. No.48295 of 2026(2) dt.22-07-2026 3/3 order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya Ji in connection with Khizersarai P.S. Case No. 88 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) siddharth/- U T