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Patna High CourtCR. MISC./74204/2025bail granted

Umesh Rajbanshi v. The State Of Bihar

2026-02-20Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74204 of 2025 Arising Out of PS. Case No.-197 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== Umesh Rajbanshi Son of Late Madan Rajbanshi Resident of Village- Parma, Ps- Nardiganj, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-02-2026 Heard Mr. Rajesh Ranjan Kumar, learned counsel for the petitioner and the State

2. The petitioner is apprehending his arrest in connection with Nardiganj P.S. Case No. 197 of 2025 for the offence under sections 126(2), 127(2), 352, 351(2), 115(2), 117(2), 109 & 3(5) of the BNS lodged on 18.05.2025 by the informant, Ranju Devi.

3. As per the prosecution story, the informant alleged that in the morning, the accused persons namely Prahlad Kumar, Ganesh Kumar came and attacked her husband and in the process, Prahlad Kumar gave iron rod blow on his nose causing injury. As she came to his rescue, allegation is that this petitioner gave khanti blow on her head and when the son came to rescue, Ganesh Kumar gave iron rod blow to her son and

2/4 Sunti Devi (sister-in-law) was attacked by Sanju Devi by lathi causing fracture on the head. This led to the FIR.

4. Learned counsel for the petitioner submits that Umesh Rajbanshi is before this Court and the allegation is that he assaulted the informant, Ranju Devi. However, though injury reports of other injured is/are on record, there is no injury report of the informant.

5. Taking into account the aforesaid fact, the Coordinate Bench on 24.11.2025, recording the aforesaid submissions, called for the case diary and the injury reports and gave interim protection to the petitioner. The injury reports are on record beside the case diary and this Court has perused and found that the statement made by the learned counsel for the petitioner inasmuch as there is no injury report of the informant, Ranju Devi is correct.

6. Learned APP opposes the prayer submitting that allegation of assault is on the petitioner.

7. Taking into account the submissions of the parties as also the facts that have been recorded above coupled with the fact that the petitioner has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

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8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, II, Nawada in connection with Nardiganj P.S. Case No. 197 of 2025 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;

(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iv) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be

4/4 taken for the cancellation of the bail bonds; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T