Binod KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19825 of 2026
                   Arising Out of PS. Case No.-308 Year-2025 Thana- RAXAUL District- East Champaran
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                 Binod Kumar S/O Late Mahabir Prasad R/O Village- Arya Samaj Road, Near
                 Middle School, Raxul, District- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Md. Mushtaque Alam, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-04-2026                  Heard Mr. Rajesh Kumar, learned counsel for the

                   petitioner and Md. Mushtaque Alam, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.09.2025 in connection with Raxaul P.S. Case No. 308 of

                   2025, F.I.R. dated 09.07.2025 for the offences punishable under

                   Sections 126(2), 118(1), 109 and 3(5) of the B.N.S., 2023.

                               3. According to prosecution case, accused persons

                   including the petitioner herein came variously armed at the

                   house of the informant. They are said to have assaulted the

                   informant with knife etc. causing him injuries in his chest, ear

                   and eye.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
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          present case. The allegation as alleged in the F.I.R. is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the F.I.R. Although the petitioner is named in the

          F.I.R. but from perusal of the F.I.R. it appears that there is no

          specific allegation against the petitioner rather the same is

          against the co-accused Dipu Kumar and Laddu Kumar@ Ankit

          Kumar and the petitioner is at best the member of the mob. He

          further submits that the police after investigation submitted the

          charge sheet against the petitioner. He further submits that

          similarly situated, co-accused, namely, Laddu Kumar @ Ankit

          Kumar and Dipu Kumar have been granted anticipatory bail by

          a co-ordinate Bench of this Court vide order dated 25.02.2026

          passed in Cr. Misc. No. 11194 of 2026. The petitioner is in

          custody since 21.09.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries one criminal antecedent other than

          the present one. Apart from that the petitioner is named in the

          F.I.R.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
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                      the like amount each to the satisfaction of the learned Sub

                      Divisional Judicial Magistrate, Motihari at East Champaran in

                      connection with Raxaul P.S. Case No. 308 of 2025, subject to

                      the 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 bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                 (Rajesh Kumar Verma, J)
Vanisha/-
U      T