Manoj Kumar @ Saroj KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79647 of 2025
                   Arising Out of PS. Case No.-184 Year-2024 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Manoj Kumar @ Saroj Kumar Son of Ram Bol Rai @ Ram Bol Ray Resident
                 of Village - Ratwara, Ward No.-9, Police Station - Kalyanpur, District -
                 Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   29-01-2026                    Heard Mr.Pramod Kumar Singh, learned counsel

                   for the petitioner and Mr.Suresh Prasad Singh, learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   28.11.2024 in connection with S.Tr.No.344 of 2025 arising

                   out of Kalyanpur P.S. Case No.184 of 2024, F.I.R. dated

                   26.07.2024 registered for the offence punishable under

                   Sections 103(1),3(5) of BNS,2023.

                                3. The prosecution story in brief as per FIR is that

                   on the alleged date of occurrence accused petitioner along

                   with co-accused took the informant’s son with them. Around

                   7:00-8:00 PM., the informant's son returned home in a

                   severely injured state, and fell in the courtyard and the blood
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          was oozing out from his body and private parts. When the

          informant asked him, he told that the petitioner with co-

          accused took him to a mango orchard near the railway

          crossing gumati and there they along with 4 unknown persons

          brutally assaulted him and severely injured him. During the

          treatment the informant's son passed away.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. The

          allegation as alleged in the FIR is false and fabricated and the

          petitioner has not committed any offence as alleged in the

          FIR. It appears from the FIR that the informant is not the eye

          witness of the alleged occurrence and it has come during

          investigation that the petitioner has caught hold the deceased

          and other co-accused persons have assaulted to the son of the

          informant.       The      police,       after   investigation,   submitted

          chargesheet against the petitioner and the petitioner is in

          custody since 28.11.2024.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has

          clean antecedent, there is no specific allegation of any assault

          or overt-act attributed against the petitioner in the FIR as well
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          as period of custody, let the petitioner, above named, 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 Additional           Sessions   Judge-III,

          Samastipur in connection with S.Tr.No.344 of 2025 arising

          out of Kalyanpur P.S. Case No.184 of 2024, with 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/her absence on two consecutive dates

          without sufficient reason, his/her 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
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                         order shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T