Aditya Singh @ Aditya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78378 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- YADOPUR District- Gopalganj ====================================================== Aditya Singh @ Aditya Kumar S/O Vijay Singh R/O Olipur, P.S- Jadopur, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepankar Raj, Adv.
For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-12- Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Yadavpur P.S. Case No. 94 of 2025, F.I.R dated 21.05.2025 registered for the offences punishable under Sections 126(2), 115, 118(1), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant alleges that for about a week the accused persons were stealing her crops. The accused persons abused and assaulted the informant and her family members. Hence, this FIR.
4. Learned counsel for the petitioner by taking this Court through the allegations levelled in the first information report is that he assaulted the informant with knife on her hand. While the injury which is said to have been sustained by the
Patna High Court CR. MISC. No.78378 of 2025(2) dt.03-12-2025 2/3 informant is on the head which is apparent from the injury report (Annexure-P/2). It has next been submitted that the petitioner has one criminal antecedent in which the petitioner is on bail and he further submits that in case the benefit of anticipatory bail is extended, he is ready to abide by the terms and conditions imposed by this Court. It has further been submitted that there is no independent witness has supported the case of the prosecution which is suggestive of the fact that entire story of prosecution is concoted and fabricated. As per FIR the petitioner is said to have injured her hand but the injury report shows that the injury is on head.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid fact that the injury report does not support the case of the prosecution. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his/her 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
Patna High Court CR. MISC. No.78378 of 2025(2) dt.03-12-2025 3/3 learned A.C.J.M - X, Gopalganj in connection with Yadavpur P.S. Case No. 94 of 2025, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) 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/her/their bail bond by the Trial Court itself; (iii) 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 their bail bonds. (Ajit Kumar, J) Siddharth Soni/- U T