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Patna High CourtCR. MISC./68094/2025bail granted

Raushan Kumar v. The State Of Bihar

2026-01-05Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68038 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Abhishek Kumar Anand @ Tantan @ Tantan Singh @ Abhishek Kumar S/o Shri Ram Singh @ Shree Ram Singh @ Siya Ram Singh, Resident of Kshatriya Nagar, P.S.- Nagar Thana Aurangabad, District- Aurangabad. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 68094 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Raushan Kumar Son of Late Ram Eqbal Singh, R/o Mohalla - Kashtriya Nagar, P.S. - Nagar Thana Aurangabad, District - Aurangabad. ... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 68038 of 2025) For the Petitioner :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Saket Kumar Singh, Advocate For the Opposite Party :

Mr. Akbar Ali, APP (In CRIMINAL MISCELLANEOUS No. 68094 of 2025) For the Petitioner :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Saket Kumar Singh, Advocate For the Opposite Party :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-01-2026 Both the criminal miscellaneous petitions have arisen out of the same police station case number, hence they are being heard together and decided by a common order.

2. Heard learned senior counsel for the petitioners and learned A.P.P. for the State.

3. In the present case, the petitioners seek bail in

2/4 connection with Aurangabad (Town) P.S. Case No. 336 of 2025 dated 02.06.2025, registered for the offences punishable under Sections 109, 191(2), 191(3), 190, 115(2), 126(2) and 118(2) of the B.N.S., 2023.

4. As per the prosecution case, petitioners and other co-accused persons surrounded the brother of the informant and assaulted him with sharp edged weapon causing injury on his head.

5. Learned senior counsel appearing on behalf of the petitioner submits that petitioners have falsely been implicated in the present case. There is general and omnibus allegation of assault against six persons including these petitioners by sword, knife and rod etc. It has specifically been mentioned that when the brother of the informant tried to run away, he was assaulted by five to six accused persons with swords. There is no specific allegation of any overt act against these petitioners. The injury report of the victims show that the injured received two injuries on the head and one injury on right little finger, but all the injuries are lacerated wound caused by hard and blunt substance. There is no sword injury on the head of the victim. No motive has been assigned for the assault. Learned senior counsel next submits that petitioner in Cr. Misc.

3/4 No. 68038 of 2025 is having antecedent of one case in which he is on bail and petitioner in Cr. Misc. No. 68094 of 2025 is having clean antecedent. Learned senior counsel lastly submits that petitioner in Cr. Misc. No. 68038 of 2025 is in custody since 10.07.2025 and petitioner in Cr. Misc. No. 68094 of 2025 is in custody since 04.07.2025 and chargesheet has been submitted.

6. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioners.

7. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of injury of sharp edged weapon on the victim and also considering the period of custody of the petitioners and submission of chargesheet, the petitioners, above-named, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad / concerned Court, in connection with Aurangabad (Town) P.S. Case No. 336 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the

4/4 petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioners on single date or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T