Ajay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86642 of 2025
                     Arising Out of PS. Case No.-80 Year-2020 Thana- GOPALPUR District- Bhagalpur
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                 Ajay Kumar S/o- Bhikhari Sharma R/v- Tirasi Ps- Gopalpur Dist- Bhagalpur
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                  ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                      Heard Mr. Rajesh Kumar, learned counsel for the

                   petitioner and Mr. Madhura Nand Jha, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Gopalpur P.S. Case No. 80 of 2020, F.I.R.

                   dated 13.03.2020 for the offences punishable under Sections

                   279, 337, 341, 323, 307, 504 and 34 of the IPC.

                               3.    According to prosecution case, the informant

                   along with his friend met with an accident with the accused

                   persons. Therefore, all the four named accused persons have

                   assaulted the informant and his friend due to which they

                   received injuries.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. Petitioner is not named in the

                   F.I.R and his name has been transpired during investigation on

                   the basis of the disclosure made by the apprehended co-
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          accused who happens to be the owner of the vehicle in

          question. He further submits that except the disclosure made

          by the apprehended co-accused person, no other material has

          come during investigation which suggest the involvement of

          the petitioner in the present occurrence. Apart from that it

          appears from the F.I.R that there is no specific allegation of

          assault or overt act attributed against the petitioner rather

          there is general and omnibus allegation against the unknown

          accused persons.

                      5. Learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, he is not named in the

          F.I.R and there is no specific allegation of assault or overt act

          attributed against the petitioner, let the petitioner, above

          named, in the event of his arrest or surrender before the court

          below within a period of thirty days from the date of receipt

          of the order, 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 the learned ACJM-1, Naugachia,

          Bhagalpur in connection with Gopalpur P.S. Case No. 80 of

          2020, subject to the conditions as laid down under Section
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                      438(2) of the Code of Criminal Procedure and with other

                      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