Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82571 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- HISUWA District- Nawada ====================================================== Rajesh Kumar S/O Chandeshwar Yadav R/O Vill.- Yadav nagar, Hisua P.s.- Hisua, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-12-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Hisua P.S. Case No. 85 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. In course of the wedding procession of the nephew of the informant, the accused persons, along with unknown miscreants forcefully entered in the Barat and created a ruckus and brutally assaulted the members of the Barat party, due to which some of the persons have sustained injuries. They also damaged the vehicles, which were used for Barati.

4. Learned Advocate for the petitioner submitted that the petitioner is not even named in the F.I.R. However, during the course of the investigation, his name surfaced on the

Patna High Court CR. MISC. No.82571 of 2025(2) dt.17-12-2025 2/3 confessional statement of the co-accused. There are specific accusations against co-accused Vickky Kumar, Manish Kumar, Pankaj Kumar and Niraj Kumar, besides the F.I.R. has also been instituted against 30-40 unknown persons. The petitioner is a man of tender age, having fair antecedent and has nothing to do with the alleged occurrence. It is not the case of the prosecution that any of the injured has said that it is the petitioner, who has assaulted him/her, rather the petitioner is a local resident, and his name has been implicated in this case on suspicion.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the complicity of the petitioner has come during the course of the investigation.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation, coupled with the fact that the petitioner is a man of tender age, having fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.82571 of 2025(2) dt.17-12-2025 3/3 Judicial Magistrate-V, Nawada in connection with Hisua P.S. Case No. 85 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T