Bipin Kumar @ Bipin Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48349 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- MANJHAGARH District- Gopalganj ====================================================== Bipin Kumar @ Bipin Kumar Yadav S/o Yogendra Yadav @ Yegendra Yadav R/o Village- Devapur, PS- Manjhagarh, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-08-2025 Heard Mr. Vyas Kumar Mishra, learned counsel for the petitioner and Ms. Nirmala Kumari, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Manjhagarh P.S. Case No.97 of 2025, F.I.R. dated 16.03.2025 for the offences punishable under Sections 126(2), 352, 76, 115(2), 118(1), 109, 324(4), 3(5), 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, nine accused persons including the petitioner came to the house of the informant and started abusing and committing illicit act with her. Petition is alleged to have stabbed the son of the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.48349 of 2025(2) dt.06-08-2025 2/3 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. and due to some petty dispute, the present occurrence has taken place. Although there is specific allegation attributed against the petitioner that he has assaulted the son of the informant. Although he has received injury, but the injury report of son of the informant suggest that the injury is simple in nature.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petition has clean antecedent and the injury inflicted upon the son of the informant found to be simple in nature, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Gopalganj in connection with Manjhagarh P.S. Case No.97 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.48349 of 2025(2) dt.06-08-2025 3/3 Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the 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.
(Rajesh Kumar Verma, J) sauravkrsinha/- U T