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Patna High CourtCR. MISC./77893/2025allowed

Bipin Kumar @ Vipin Kumar @ Bipin Rai v. The State Of Bihar

2025-11-28Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77893 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== Bipin Kumar @ Vipin Kumar @ Bipin Rai S/o Nawalak Ray @ Navalak Ray R/o Village - Rampur Shyamchand, P.S - Raghopur, District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-11-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Raghopur P.S. Case No. 142 of 2024, registered for the offences punishable under Sections 147, 148, 323, 324, 504 and 307 of the Indian Penal Code.

3. Allegedly on the fateful day, all the FIR named accused persons, including the petitioners, came at the place of occurrence and assaulted the informant and his father. It is specifically alleged that co-accused Vipul Rai assaulted the informant on his body with lathi, whereas, other co-accused persons, including the petitioner, assaulted the father of the informant, namely, Samsher Rai. There is allegation against

Patna High Court CR. MISC. No.77893 of 2025(2) dt.28-11-2025 2/3 Sonu Rai of giving a cut injury by means of garasa.

4. Learned Advocate for the petitioner contended that so far the petitioner is concerned, there is omnibus nature of allegation of assault against him. Both the parties are none else but the close agnates and on account of a land dispute, some scuffle took place, in which the informant and his family members have sustained unfortunate injuries. However, it is evident from the impugned order that all the injuries sustained to the informant and others have been found to be simple in nature. The petitioner bears one criminal antecedent, as has been disclosed in paragraph no. 3 of the bail application, however he is on bail in the said case. It is further contended that other coaccused persons facing identical allegation have been allowed the privilege of anticipatory bail in Cr. Misc. No. 50798 of 2025, copy of the order has been placed on record as AnnexureP/2.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioner has actively participated in the crime and brutally assaulted the informant and others.

6. Having considered the submission advanced by learned Advocate for the respective parties and taking note of

Patna High Court CR. MISC. No.77893 of 2025(2) dt.28-11-2025 3/3 the omnibus nature of allegation and the genesis of the occurrence, coupled with the simple nature of injury, besides the fact that other co-accused persons have been allowed the anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 142 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T