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Patna High CourtCR. MISC./49840/2025allowed

Rahul Kumar @ P. K. Yadav v. The Sate Of Bihar

2025-11-18Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49840 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- RAJGIR District- Nalanda ====================================================== Rahul Kumar @ P. K. Yadav S/o- Late Biroshar Bishu Yadav R/o vill- Kubdi, P.S.- Chabilapur, Distt.- Nalanda ... ... Petitioner

Versus

The Sate of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-11-2025 Heard Mr. Amresh Kumar Sinha, learned Advocate for the petitioner and Mr. Shyam Kumar Singh, learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Rajgir P.S. Case No. 145 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 74, 109(1), 303(2), 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita 2023.

3. Allegedly, on the fateful day, while the informant was going to CRPF camp along with his wife, in the meanwhile, the petitioner got his vehicle stopped on the point of pistol and assault him over his head by means of butt and when the informant fell down, the other co-accused persons assaulted him by means of lathi due to which he sustained serious injuries. There is further allegation of snatching of valuables against the other accused persons.

Patna High Court CR. MISC. No.49840 of 2025(3) dt.18-11-2025 2/3

4. Learned Advocate for the petitioner submitted that in fact on account of a scuffle between the parties some unfortunate injuries have been sustained to the informant. However, the injury, which is allegedly attributable to the petitioner, the report clearly suggest no obvious abnormality detected in NCCT of brain scan. The informant has sustained a fracture over lower end of right fibula, which is found to be grievous in nature, but not attributable to the petitioner. The petitioner is a man of 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 submitted that the petitioner along with others have brutally assaulted the informant due to which he sustained grievous injury.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the allegation against the petitioner qua the injury report of the informant, besides the fair antecedents, let the petitioner abovenamed 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 order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.49840 of 2025(3) dt.18-11-2025 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Rajgir P.S. Case No. 145 of 2025, 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) Pawan/- U T