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Patna High CourtCR. MISC./74884/2025bail granted

Bipin Kumar v. The State Of Bihar

2025-10-31Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74884 of 2025 Arising Out of PS. Case No.-242 Year-2024 Thana- BUNIYAD GANJ District- Gaya ====================================================== Bipin Kumar Son of Late Munna Singh R/o Village - Noniyachak, P.S. - Sigori, Dist. - Patna at present Abgila Devi Sthan, P.S.- Muffassil, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanket, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 31-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Petitioner, who is in custody, seeks bail in connection with Buniyadiganj P.S. Case No. 242/2024 registered for the offences under Sections 64, 294, 79 of the B.N.S. and Sections 66(E), 67, 67(A) of the I.T. Act, 2000.

3. This is the second regular bail application filed by the petitioner. It has been submitted by the learned counsel for the petitioner that earlier the petitioner had approached before this Court for the prayer of bail in Cr. Misc. No. 1560 of 2025 which was rejected vide order dated 09.05.2025 with the liberty to the petitioner to move this Court after framing of charge.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.74884 of 2025(2) dt.31-10-2025 2/3 the petitioner is innocent and has falsely been implicated in this case as the informant herself was a married woman. It has been submitted that due to previous dispute with regard to some money between the parties, the present case has been lodged with a false and concocted story. It has been submitted that the petitioner has one antecedent and he is in custody since 19.10.2024. Learned counsel for the petitioner has pointed out towards Annexure-P-2 of the application whereby the charges have already been framed against the petitioner on 26.05.2025.

5. The learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid submissions made by the parties and taking account that the charges have already been framed against the petitioner, let the petitioner, above named, 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 court below where the case is pending/successor court in connection with Buniyadiganj P.S. Case No. 242/2024 subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

Patna High Court CR. MISC. No.74884 of 2025(2) dt.31-10-2025 3/3 (iii) In case of absence on two 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.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned 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 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for bail is allowed.

8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) AjayMishra/- U T