IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51653 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- UCHKAGAON District- Gopalganj ====================================================== Rabey Alam S/o Tuntun Miyan R/o Village- Dahi Bhata Takiya Tola, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 12-08-2025 Heard Mr. Lokesh Kumar Singh, the learned counsel appearing on behalf of the petitioner and Mrs. Pushpa Sinha, the learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023. 3. As per the prosecution case, it is alleged that the named accused persons including the petitioner, variously armed with lathi, iron-rod, farsa etc. started abusing and demanding ransom and when protest was made, all the accused persons attacked the informant by farsa and lathi and assaulted indiscriminately. It is further alleged that co-accused Shibali Mishra with an intention to kill inflicted farsa blow on the Patna High Court CR. MISC. No.51653 of 2025(2) dt.12-08-2025 2/4 informant. 4. Learned counsel for the petitioner submits that petitioner is innocent has falsely been implicated in this case. He further submits that from perusal of the F.I.R., it would be evident that there is general and omnibus allegations levelled against all the accused persons excluding Shibali Mishra who had subsequently been stated to have inflicted farsa blow. It is further submitted that no specific overt act has been levelled against the petitioner and even the allegations made in the FIR is not corroborated from perusal of the injury report brought on record by way of Annexure P/2, wherein only one injury was found that too simple in nature caused by hard and blunt substance. Learned counsel lastly submits that petitioner has clean antecedent. 5. The learned A.P.P. for the State has vehemently opposed the prayer for bail. 6. Considering the aforesaid submissions, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No.51653 of 2025(2) dt.12-08-2025 3/4 the learned Court below where the case is pending/successor court in connection with Uchakagaon P.S. Case No. 116 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative. (ii) The petitioner shall remain physically present in Court on each date of the trial. (iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned 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 Patna High Court CR. MISC. No.51653 of 2025(2) dt.12-08-2025 4/4 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. 7. Accordingly, the prayer for bail is allowed. Siwani/- (Sourendra Pandey, J) U T