Rupesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25320 of 2026
                       Arising Out of PS. Case No.-228 Year-2025 Thana- Kharagpur District- Munger
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           1.     Rupesh Kumar Son of Haldhar Paswan Resident of Village- Kendua, P.S.-
                  Kharagpur, District- Munger
           2.    Raja Kumar Son of Kirani Paswan Resident of Village- Kendua, P.S.-
                 Kharagpur, District- Munger

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Surya Narayan Sah, Adv.
                 For the Opposite Party/s :        Mr.Ashok Kumar Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   22-04-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2. The petitioners are apprehending their arrest in

                   connection with Kharagpur P.S. Case No. 228 of 2025 dated

                   26.10.2025 registered for the offence punishable under Sections

                   191(2), 191(3), 190, 126(2), 115(2), 117(2), 324(4), 303(2),

                   118(1), 74, 351(2), 352, 329(4) and 125 of the Bhartiya Nyaya

                   Sanhita, 2023.

                           3. As per prosecution case, on 25.10.2025 at about 7:00

                   PM, the accused persons initially threw crackers at the

                   Informant’s house and, upon protest, assaulted him and his

                   family members with lathi, danda, stones, and iron rods, causing
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          injuries and damaging property, including two e-rickshaws,

          while also misbehaving with family members and taking away

          certain articles; the injured were later taken to the hospital, and

          the incident was recorded in video and photographs.

                  4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have been falsely implicated in the

          present case. There is a case and counter case between the

          parties and altogether sixteen persons have been made accused

          in this case. It is next submitted that the allegation of assault

          against the petitioners is general and omnibus in nature, while

          the persons, against whom there is specific allegation of overt

          act, have already been extended privilege of anticipatory bail

          vide order dated 25.03.2026 passed by a Co-ordinate Bench of

          this Court in Cr. Misc. No. 15754 of 2026. It is lastly submitted

          that the petitioners are persons of clean antecedent.

                  5. On the other hand, the learned APP for the State has

          opposed the prayer for bail of the petitioners.

                  6. Having heard learned counsel for the parties and

          considering the fact that there is a case and counter-case

          between the parties in which both sides have sustained injuries,

          and further that the allegations made against the petitioners are

          general and omnibus in nature, whereas the persons against
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          whom specific allegations of overt acts have been made have

          already been granted the privilege of anticipatory bail by this

          Court, let the above named petitioners, be released on bail, in

          the event of their arrest or surrender before the learned Court

          below within a period of four weeks from today, on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          Additional Chief Judicial Magistrate-I, Munger in connection

          with Kharagpur P.S. Case No. 228 of 2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S. as

          well as the following conditions:

                  (i)   One      of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;

                  (ii) the petitioner(s) 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 their

          bail bond by the Trial Court itself;

                  (iii) the petitioner(s) 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;
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                                (iv) the petitioner(s) 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)
rishi/-

U         T