Biresh Kumar @ Brijesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50773 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- KASHICHAK District- Nawada ====================================================== Biresh Kumar @ Brijesh Kumar Son of Pappu Yadav Resident of village - Leela Bigha, P.S.- Kashichak, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Kashichak P.S. Case No. 78 of 2025 instituted for the offence under Sections 191(2), 190, 126(2), 115(2), 132, 109, 121(1), 121(2), 324(4), 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is that on receiving information about accused Sonu Kumar's assault case, the police reached Leela Bigha where Ravish Kumar and others obstructed them, abused, and along with 21 named and several unknown persons, attacked the police with lathis, bricks, and stones, injuring four personnel.

Patna High Court CR. MISC. No.50773 of 2025(3) dt.31-10-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-05-2025, having one criminal antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner, rather the same is general and omnibus in nature. From perusal of the FIR, it would manifest that petitioner was member of the mob. Nothing has been recovered from the conscious possession of the petitioner. Charge sheet has already been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 18-09-2025, passed in Cr. Misc. No. 44777 of 2025. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteeen Thousand) with two sureties

Patna High Court CR. MISC. No.50773 of 2025(3) dt.31-10-2025 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Kashichak P.S. Case No. 78 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T