PATNA, India, June 1 -- Patna High Court issued the following order on April 30:

1. Heard Mr.Sharda Nand Mishra, learned counsel for the petitioner, learned counsel for the informant and Mr.Ajay Kumar No. 2, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 22.03.2025 in connection with Piprakothi P.S. Case No. 87 of 2025, F.I.R. dated 14.3.2025 registered for the offence punishable under Sections 109,103(1),61 and 3(5) of BNS.

3.Allegation against the petitioner is that he alongwith other co-accused persons assaulted the informant's son by various weapons due to which he sustained injuries.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. From a bare perusal of the FIR it appears that the date of occurrence as alleged in the FIR is 12.03.2025 but the present FIR has been instituted on 14.03.2025 after delay of two days without giving any explanation of delay and before lodging of the FIR the inquest report was prepared as well as postmortem was also conducted.

Learned counsel for the petitioner submits that the present FIR has been instituted afterthought only after seeing the postmortem report only to falsely implicate the petitioner in the present occurrence and it appears from the FIR itself that the informant is not the eye witness of the alleged occurrence. Further submits that from a bare perusal of the FIR it appears that although the petitioner is named in the FIR but there is no specific allegation of any assault or overt-act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner and specific allegation against the petitioner is that he assaulted with Dabiya on the head of the son of the informant, apart from that, other co-accused persons have also assaulted to the son of the informant with knife, iron rod and other equipments. Further submits that co-accused person, namely, Ram Chandra Das @ Rama Das has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 16.09.2025 passed in Cr. Misc. No.65445 of 2025 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 22.03.2025.

5. Learned counsel for the informant and learned APP for the State have opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact and petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., East Champaran, Motihari in connection with Piprakothi P.S. Case No. 87 of 2025, with the following conditions:-

(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) 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.

(III) And, further condition that the 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 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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