Abhishek Kumar @ Babban Kumar @ Bamban v. The State of Bihar
CR. MISC./35009/2025 · 2025-06-20
R P Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46752 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46752 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35009 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Abhishek Kumar @ Babban Kumar @ Bamban son of Wakil Prashad Yadav @ Wokil Prasad Yadav village - Baluachak, P.S. - Jagdishpur, Dist. - Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP For the Informant : Mr. Pradhan Murli Manohar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 20-06-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2. The petitioner seeks bail in connection with Sessions Trial No. 111 of 2025 arising out of Jagdishpur P.S. Case No. 235 of 2024 instituted for the offences under Sections 115(2), 118(1), 118(2), 109, 127(1), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Prosecution case, in short, is that informant was ambushed by petitioner and co-accused Wakil Prasad while he was collecting grass for his cow. They attacked him with a scythe, severely injuring his eye and attempted to harm his other eye before fleeing when locals arrived. Patna High Court CR. MISC. No.35009 of 2025(2) dt.20-06-2025 2/3
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due to previous land dispute between the parties. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that both parties are close agnates. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.10.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 03.03.2025 passed in Cr. Misc. No. 11376 of
2025. 5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 111 of 2025 arising out of Jagdishpur P.S. Case No. 235 of
Patna High Court CR. MISC. No.35009 of 2025(2) dt.20-06-2025 3/3 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) 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. Alok Verma/- (Rudra Prakash Mishra, J) U T