Rajesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48441 of 2025 Arising Out of PS. Case No.-139 Year-2025 Thana- JAMOBAZAR District- Siwan ====================================================== Rajesh Kumar Singh S/o Late Daroga Singh R/o Village- Khulasa, P.S.- Jamo Bazar, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhilesh Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-08-2025 Heard Mr. Akhilesh Kumar, learned counsel for the petitioner and Mr. Arun Kumar Pandey, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Jamo Bazar P.S. Case No. 139 of 2025, F.I.R. dated 28.03.2025 for the offences punishable under Sections 126(2), 127(2), 115(2), 74, 109, 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant alleged that the petitioner along with other accused persons having various armed with lathi, tangi and sword came at his door and started assaulting his sister. On hulla, when the informant went there, the accused persons assaulted him also.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case.
Patna High Court CR. MISC. No.48441 of 2025(2) dt.06-08-2025 2/3 There is case and counter case between the parties. Although the petitioner is named in the FIR but there is no specific allegation against him that he assaulted to the sister of the informant and she received four injuries. From bare perusal of the injury report it appears that out of four injuries, three injuries are simple in nature and one is grievous in nature but the same is not on the vital part of the body.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries two criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances, there is case and counter case and one injury which is grievous in nature is not on vital part of the body, let the petitioner, above named, in the event of 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 Chief Judicial Magistrate, Siwan in connection with Jamo Bazar P.S. Case No. 139 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-
Patna High Court CR. MISC. No.48441 of 2025(2) dt.06-08-2025 3/3 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T