IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53720 of 2025 Arising Out of PS. Case No.-425 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== Raushan Raj S/O Late Manoj Yadav @ Manoj Kumar R/O Village- Kolhaura, P.S.- Bodhgaya, Dist.- Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rama Kant Singh, Adv. For the State : Mr. Madhura Nand Jha, APP For the Informant : Mr. Deepak Kumar, Adv. Mr. Magan Kumar, Adv. Mr. Bhaskar Anand, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Bodhgaya P.S. Case No. 425/2025 registered for the offences punishable under Sections 115(2), 126(2), 117(2), 109, 303(2), 352, 351(2), 351(3), 3(5) of the B.N.S.S. 3. As per prosecution case, there is allegation against the petitioner and others who are said to have assaulted the informant’s elder brother by means of pipe and iron rod as a result of which he sustained injury on head. There is also allegation against the petitioner who is said to have assaulted the informant upon his head by means of Garasa as a result of which he sustained head injury. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.53720 of 2025(2) dt.11-08-2025 2/3 petitioner is innocent and has falsely been implicated in this case. All the injuries sustained by the injured are simple in nature caused by hard blunt substance, as contained in Annexure-P/3 series. Though, there is allegation against the petitioner who is said to have assaulted the informant by means of garasa but the same is totally falsified by the injury report. He further submits that there is case and counter case between both the parties. The petitioner has already filed earlier Bodhgaya Case no.424/2025 and the present case is nothing but to save the skin from earlier case filed by the petitioner. The petitioner is languishing in custody since 12.06.2025 and bears five criminal antecedents in which he is on bail. He further submits that there is no specific allegation against the petitioner and the allegations are general and omnibus in nature. He further submits that both parties are gotia and there is land dispute between the parties and in the cases of land dispute facts are generally exaggerated to make the case graver. 5. Learned counsel for the informant as well as learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner which is supported and corroborated by the injury report and the petitioner does not deserve bail. 6. Considering the facts and circumstances of the case, Patna High Court CR. MISC. No.53720 of 2025(2) dt.11-08-2025 3/3 period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodhgaya P.S. Case No. 425/2025, 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 tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. amitkumar/- (Alok Kumar Pandey, J) U T