Atul Kumar Singh @ Atul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79577 of 2025 Arising Out of PS. Case No.-316 Year-2025 Thana- MANJHAGARH District- Gopalganj ====================================================== Atul Kumar Singh @ Atul Kumar S/O Ashok Singh R/O Vill.- Bhojpurwa, P.S.- Manjhagarh, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-12-2025 Heard Mr. Pankaj Kumar Dubey, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Manjhagarh P.S. Case No. 316 of 2025, F.I.R. dated 31.08.2025 for the offences punishable under Sections 126(2), 118(1), 115(2), 324(4), 352, 109, 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant alleged that on 29.08.2025, the petitioner along with other coaccused persons came to his house and asked to vacate his house. On protest, the accused persons assaulted the informant and his family members.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.79577 of 2025(2) dt.11-12-2025 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the FIR that due to some petty dispute (land dispute) the present occurrence has taken place. Although there is specific allegation against the petitioner that he assaulted to the informant but the injury report of the informant suggest that injury inflicted upon him is simple in nature caused by hard and blunt substance and apart from that FIR has been lodged after delay of two days which suggest that the informant has filed the present FIR, after thought, only to harass the petitioner.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and injury inflicted upon injured person is simple in nature and FIR has been lodged after delay of two days, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 C.J.M., Gopalganj in connection with Manjhagarh P.S. Case No. 316 of 2025, subject to the conditions as laid
Patna High Court CR. MISC. No.79577 of 2025(2) dt.11-12-2025 3/3 down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T