Ajay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88318 of 2025
                     Arising Out of PS. Case No.-167 Year-2025 Thana- NARDIGANJ District- Nawada
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                 Ajay Kumar S/O Deoki Chaudhari Resident of Village- Nardiganj, P.S-
                 Nardiganj, District- Nawada, Bihar.

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

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

2   15-01-2026                  Heard Mr. Devendra Prasad Singh, learned counsel

                   for the petitioner and Mr. Anil Prasad Singh, learned Additional

                   Public Prosecutor for the State.

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

                   03.11.2025 in connection with Nardiganj P.S. Case No. 167 of

                   2025 F.I.R. dated 26.04.2025 for the offences punishable under

                   Sections 126(2), 127(2), 115(2), 109, 352, 352(2), 3(5) of the

                   B.N.S., 2023.

                                3. According to prosecution case, petitioner and other

                   co-accused person are alleged to have assaulted the informant.

                   When her daughter came to rescue, she was assaulted with iron

                   rod on her head resulting in head injury.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
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          implicated in the 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. From perusal of

          the F.I.R., there is no specific allegation of assault attributed

          against the petitioner rather there is general and omnibus

          allegation against all the accused persons including the

          petitioner and the co-accused person, namely, Pooja Kumari

          who happens to be wife of the petitioner against whom the

          similar allegation has been granted anticipatory bail by a

          coordinate Bench of this Court vide order dated 29.08.2025

          passed in Cr. Misc. No. 57057 of 2025. The police after

          investigation, submitted charge-sheet against the petitioner and

          the petitioner is in custody since 03.11.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and similarly situated co-accused

          person has been granted anticipatory bail by a coordinate Bench

          of this Court, 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

          the learned Additional Chief Judicial Magistrate-II, Nawada in
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                      connection with Nardiganj P.S. Case No. 167 of 2025, 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 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 order

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

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T