Ashutosh Kumar Rai @ Ashutosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84432 of 2025 Arising Out of PS. Case No.-339 Year-2025 Thana- BUXAR District- Buxar ====================================================== Ashutosh Kumar Rai @ Ashutosh Rai, S/o Krishna Kumar Rai, R/o Village - Ujiyar, P.S - Narhi, District - Ballia (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Buxar Town P.S. Case No. 339 of 2025, registered for the alleged offence under Sections 126(2), 115(2), 117(2), 109, 352, 351(2) of BNS, 2023.

3. In the background of matrimonial dispute, the petitioner, who is stated to be the brother of daughter-in-law of the informant, and other co-accused persons assaulted the informant with butt of katta resulting in bleeding injury on his head, mouth and nose.

4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as he is the brother of the daughter-in-law of the informant. The

Patna High Court CR. MISC. No.84432 of 2025(2) dt.10-12-2025 2/3 petitioner is a nursing student and he has been named in this case to ruin his career. The allegation is general, non-specific and omnibus against all the accused persons. Though some injuries were found on the body of the informant, but these injuries cannot be attributed to the petitioner as the allegation is against the petitioner and several other co-accused persons. Moreover, the injuries are fracture of nasal bone and no serious injury has been caused to the informant. The petitioner has got clean antecedent and he is in custody since 10.11.2025.

5. Learned APP vehemently opposes the submission made on behalf the petitioner.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that there is no specific allegation of any assault against the petitioner and further considering the period of custody of the petitioner and his clean antecedent, the petitioner is directed to 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 learned Chief Judicial Magistrate, Buxar/court concerned, in connection with Buxar Town P.S. Case No. 339 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

Patna High Court CR. MISC. No.84432 of 2025(2) dt.10-12-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T