Kishan Kumar @ Abhay Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68366 of 2025 Arising Out of PS. Case No.-106 Year-2022 Thana- SARE District- Nalanda ====================================================== Kishan Kumar @ Abhay Raj S/o Karu Singh @ Uday Shankar R/o VillageKhetalpura, P.S.- Sare, Dist.- Nalanda ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Davendra Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Sare P.S. Case No. 106 of 2022, registered for the offences under Sections 341, 323, 307, 34 of the Indian Penal Code.
3. As per the prosecution case, 4-5 unknown persons assaulted the son of the informant with iron chain, lathi and danda causing injuries to him. The name of the petitioner came up during investigation for also being involved in the assault.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner was not named in the FIR but, on the basis of re-statement of the informant, his
Patna High Court CR. MISC. No.68366 of 2025(3) dt.04-11-2025 2/3 name transpired in the present case. The injury report shows three injuries and one of them is on scalp which is a lacerated wound of 1 inch X 1⁄2 inch which has been found to be grievous. Learned counsel further submits that the main allegation is against the co-accused Kalua who had been granted bail by the Co-ordinate Bench of this Court vide Order dated 07.04.2023 passed in Cr. Misc. No. 5464 of 2023. The allegation against the petitioner and other co-accused persons is general and omnibus in nature. The petitioner has no criminal antecedent and is in custody since 21.08.2025. The charge-sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the non-serious nature of allegation, clean antecedent of the petitioner, period of custody and submission of charge-sheet, the petitioner is 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 ACJM-IV, Nalanda in connection with Sare P.S. Case No. 106 of 2022, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
Patna High Court CR. MISC. No.68366 of 2025(3) dt.04-11-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner 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 absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Siddharth Soni/- U T