Hira Rajwanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47845 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Hira Rajwanshi Son of Mohan Rajwanshi Resident Of Village- Dhakani Ps -Neemchak Bathani District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rabia Gulnaz, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Neemchak Bathani P.S. Case No. 25 of 2025, instituted for the offences punishable under Sections 1126(2), 115(2), 103(1), 132, 125(a), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, on the alleged date and time after an ambulance accident, the accused persons including the petitioner chased and brutally assaulted the driver and EMT staff Kundan Kumar as a result of which, Kundan Kumar died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.47845 of 2025(2) dt.11-07-2025 2/2 the petitioner also submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It is next submitted that the reason behind the occurrence is that the driver was driving the ambulance rashly and negligently. The petitioner is in custody since 04.02.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 02.07.2025 passed in Cr. Misc. No. 40070 of 2025.

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

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Neemchak Bathani P.S. Case No. 25 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T