IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73839 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- KHUDWA District- Aurangabad ====================================================== Rakesh Kumar S/o- Vijay Singh Village- Ahiradi PS-Khudwa District- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Khudwa P.S. Case No. 2 of 2025 registered for the alleged offences under Sections 103(1), 191(2), 191(3), 190, 127(1), 115(2), 118(1), 117(2), 125(a), 125(b), 109(1) of Bharatiya Nyaya Sanhita, 2023. 03. As per prosecution case, the FIR named 25 co- accused persons, who were armed with garasa, iron rod, farsa, lathi and danda, surrounded the brother of the informant and brutally assaulted him. The brother of the informant succumbed to his injuries during treatment. The name of the petitioner transpired during investigation for also being involved in the said occurrence. Patna High Court CR. MISC. No.73839 of 2025(3) dt.21-01-2026 2/3 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the FIR and there is no substantive material to show the involvement of the petitioner in the case. The FIR has been lodged after delay of one day from the occurrence and 07 hours from the death of the deceased. Though the informant claims himself to be an eye witness but his presence at the spot is very much doubtful in the alleged circumstances. The postmortem report does not support assault by 25 persons. The name of the petitioner transpired in the confessional statement of co-accused Pappu Yadav but the said co-accused has been granted bail by a Co-ordinate Bench vide order dated 20.05.2025 passed in Criminal Misc. No. 32565 of 2025. Learned counsel further submits that the petitioner bears no criminal history and is in custody since 25.07.2025. Charge- sheet has been submitted. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that during investigation, the name of the petitioner came up as the person who kept watch over the deceased and informed the assailants about his location. 06. Having regard to the facts and circumstances and Patna High Court CR. MISC. No.73839 of 2025(3) dt.21-01-2026 3/3 submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to 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 learned Sub Divisional Judicial Magistrate, Daudnagar, District-Aurangabad/court concerned in connection with Khudwa P.S. Case No. 2 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three 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. Ashish/- (Arun Kumar Jha, J) U T