Aditya Kumar @ Rampyare Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82084 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Aditya Kumar @ Rampyare Kumar Son of Malla Chaudhary @ Mallu Chaudhary Resident of Village - Dubhal, Police Station - Magadh Medical, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Magadh Medical P.S. Case No. 11 of 2024, instituted for the offences punishable under Sections 323, 341, 354, 307, 504, 379 and 386 of the Indian Penal Code.
3. Earlier, anticipatory bail of the petitioner was rejected by this Court vide order dated 20.09.2024 passed in Cr. Misc. No. 69144 of 2024 and, thereafter the petitioner again prayed for anticipatory bail which was dismissed as withdrawn by this Court vide order dated 18.07.2025 passed in Cr. Misc. No. 35910 of 2025.
Patna High Court CR. MISC. No.82084 of 2025(2) dt.28-11-2025 2/3
4. The prosecution case, in short, is that the petitioner along with other co-accused persons came at the house of the informant armed with weapons, abused and assaulted the informant and his wife with iron rod, causing head injury and other bodily injuries. It is further alleged that they snatched golden chain and mangalsutra worth Rs. 55,000/- cash from the informant's wife and also snatched Rs. 5,000/- cash from the pocket of the informant.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of 1 month and 28 days in lodging the FIR without any plausible explanation. No specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. Both the parties are co-villagers and there is case and counter case between the parties. It is further submitted that the injury sustained by the informant are simple in nature except injury no. 3 which is grievous in nature. The petitioner is in custody since 05.08.2025 and has got no criminal antecedent.
6. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.82084 of 2025(2) dt.28-11-2025 3/3 the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Magadh Medical P.S. Case No. 11 of 2024, 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) Rajorshi/- U T