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2026 DAILYLAW 950 (PAT)

Upendra Kumar @ Shailendra Kumar v. The State of Bihar

CR. MISC./9633/2026 · 2026-04-01

Alok Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9633 of 2026 Arising Out of PS. Case No.-254 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Upendra Kumar @ Shailendra Kumar Son of Nandlal Rai Resident of Village - Makri Mahuawa, P.S. - Pipra Kothi, District - East Champaran. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pravin Kumar For the Opposite Party/s : Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 3 01-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Pipra Kothi P.S. Case No. 254 of 2025, registered for the offences punishable under Sections 126(2), 117(2), 118(1), 118(2), 109, 352, 303(2), 3(5) of BNS. 3. The prosecution story in brief is that on 27.07.2025 at about 5.30A.M., when the informant was returning after placing cow dung on her land, the petitioner along with other named accused persons came with lathi, fatha, iron rod and started abusing her. When the informant protested, the petitioner attacked with an iron rod on the head of the informant's son namely Ramashankar and co-accused Nandlal Rai attacked with knife on the head of the informant. Patna High Court CR. MISC. No.9633 of 2026(3) dt.01-04-2026 2/3 4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated. He is a person of clean antecedent. There is case and counter case. 5. On the other hand, the learned APP for the State has opposed the prayer for bail. 6. The petitioner is gotiya of the informant. The attack by the petitioner on the head of the informant’s son namely Ramashankar has not led to any grievous injury. It prima facie appears to be fight between the gotiyas. The petitioner also does not bear any criminal antecedent. Considering all these aspects of the matter, I am inclined to grant privilege of anticipatory bail to the petitioner. 7. Let the petitioner, as named above, in the event of his arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Motihari, East Champaran, Motihari in connection with Pipra Kothi P.S. Case No. 254 of 2025, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further condition that :- Patna High Court CR. MISC. No.9633 of 2026(3) dt.01-04-2026 3/3 (i) The petitioner shall co-operate in the investigation/ trial. (ii) The learned Court below would, however, verify the criminal antecedent of the petitioner and in case 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, it is expected that the verification process would be done expeditiously without causing any delay. kundan/- (Alok Kumar Sinha, J) U T