Awadhesh Kumar @ Awadhesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1650 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Sunil Paswan @ Sunil Kumar Gupta Son of Makhan Prasad Gupta Resident of Village - Digha Fatehpur, P.S. - Baligaow, District - Vaishali ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1713 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Awadhesh Kumar @ Awadhesh Kumar Singh S/O Rajeshwar Singh Vill.- Bajitpur, Sarsona, P.S.-N.H. Bangara, Dist.- Samasitpur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1650 of 2025) For the Petitioner/s :

Mr.Md Soban Asghar For the Opposite Party/s :

Mr.Nitya Nand Tiwary (In CRIMINAL MISCELLANEOUS No. 1713 of 2025) For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Musrigharari P.S. Case No. 132 of 2024 dated 12.09.2024 registered for

Patna High Court CR. MISC. No.1650 of 2025(3) dt.19-03-2025 2/3 the offences punishable u/ss 126(2), 127(2), 115(2), 75, 76, 68D, 352, 351(2) read with section 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have molested and the co-accused Sanjay Kumar Sanju attempted to commit rape on the informant but the informant inflicted blow of blade on the private part of the co-accused causing cut injuries. It is further alleged that the informant fled away from the place of occurrence.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have come to the R.B.S. Multi Specialty Hospital to meet the patient. There is no specific allegation against the petitioners. The victim is a compounder and she was employed in the hospital and 7 days before the occurrence, there was some hot argument between the victim and the co-accused regarding the payment of salary. The petitioners have no concern with the alleged offence. The petitioner Sunil Paswan has two criminal antecedents and the petitioner

Patna High Court CR. MISC. No.1650 of 2025(3) dt.19-03-2025 3/3 Awadesh Kumar has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.09.2024. Similarly situated co-accused has already been granted bail by this court vide order dated 18.01.2025 passed in Cr. Misc. No. 85390 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners. 6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur, in connection with Musrigharari P.S. Case No. 132 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T