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2026 Supreme(Online)(Pat) 4454

PATNA HIGH COURT
Rajesh Kumar Verma, J
Abodh Ray @ Abodh Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.1874 of 2026|PS. Case No.-190 Year-2024



Advocates:
For the Appellants/Petitioners: Mr. Sangeet Deokuliar
For the Respondents: Mr. Mohammed Arif

The court may grant bail based on an assessment of the petitioner's antecedents and circumstances surrounding the case.

Headnote:This judgment examines the petitioner's request for bail under Section 126, 115(2), 352, 109, 303(2), 3(5) of the B.N.S., 2023, concerning allegations of assault and causing injury amid an ongoing land dispute. The court found that the petitioner has clean antecedents and granted bail with conditions to ensure cooperation and presence at trial. The issues presented included the petitioner's implication based on a land dispute and previous injuries to involved parties, leading to the court's decision to grant bail as outlined in the judgment. The petitioner was ordered released on bail upon fulfilling specified conditions.

Table of Content
1. petitioner's request for bail amid assault allegations. (Para 2 , 3)
2. opposition to bail based on case circumstances. (Para 4 , 5)
3. bail granted with conditions for ensuring compliance. (Para 6)

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 19-01-2026 Heard Mr. Sangeet Deokuliar, learned counsel for the petitioner and Mr. Mohammer Arif, learned Additional Public Prosecutor for the State.

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

24.10.2025 in connection with Piprahi P.S. Case No. 190 of 2024, F.I.R. dated 12.12.2024 for the offences punishable under Sections 126, 115(2), 352, 109, 303(2), 3(5) of the B.N.S. , 2023.

3. According to prosecution case, petitioner and other co-accused persons are alleged to have abused and assaulted the informant with lathi and danda. Petitioner is alleged to have assaulted the informant with iron rod due to which he became injured.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the F.I.R. itself that due to admitted land dispute, the present occurrence has taken place. There is case and counter case. Although, some persons of both sides have receives injury and the Police after investigation, submitted charge-sheet against the petitioner. One Title Suit No. 82 of 2024 is pending between the parties and the petitioner is in custody since 24.10.2025.

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 in the background of land dispute the present occurrence had taken place and one Title Suit No. 82/2024 is pending between the parties, 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 Chief Judicial Magistrate, Sheohar in connection with Piprahi P.S. Case No.

190 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 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)

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