IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21882 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Abhay Kumar Son of Vijay sah village- Serwa noniya tola, ward no. 4, Ps- lauriya District -West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Lauriya P.S. Case No. 238 of 2024 registered for the offences punishable under Sections 341, 323, 324, 379, 354, 504, 506, 34 of the Indian Penal Code. 3. As per prosecution case, petitioner is said to have attacked upon the head of the informant by means of Rama as a result of which he sustained injury in the back portion of his head and bleeding started. 4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence as alleged in the first information report. Learned counsel submits that as per the prosecution version of F.I.R. water was flowing Patna High Court CR. MISC. No.21882 of 2025(2) dt.23-04-2025 2/3 from the informant’s tank and same was protested and on account of that scuffle took place. There was no intention to kill the informant, rather it was dispute over the damaging of water tank. Learned counsel submits that there is no allegation of repetition of blow which falsifies the allegation of assault with intention to kill. Petitioner is a student of B.A. Part III and he has been falsely implicated in this case just to ruin his career. Charge-sheet has already been submitted, as mentioned in the impugned order and, as such, and there is no likelihood of tampering with the prosecution evidence. Petitioner is in custody since 04.02.2025 having no criminal antecedent. 5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view of the clean antecedent, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and the material available on the record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Bettiah, Patna High Court CR. MISC. No.21882 of 2025(2) dt.23-04-2025 3/3 West Champaran in connection with Lauriya P.S. Case No. 238 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. mcverma/- (Alok Kumar Pandey, J) U T