Bipin Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11077 of 2025

Arising Out of PS. Case No.-60 Year-2024 Thana- TARIYANI CHAPRA PS District-

Sheohar

===================== Bipin Kumar Son of Late Chhapra, Dist- Sheohar The State of Bihar =====================	================================= Maehilal Rai village- Lohsurka, ps- Tariyani ... ... Petitioner/s Versus ... ... Opposite Party/s =================================
Appearance :
For the Petitioner/s :	Mr. Aditya Shankar Prasad, Advocate Mr. Aalekh Anand, Advocate Ms. Dimple Kumari, Advocate Mr. Sourav Suman, Advocate
For the Opposite Party/s : =====================	Mr. Nand Kishore Prasad, APP =================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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5 01-08-2025

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Heard Mr. Aditya Shankar Prasad, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State.

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Petitioner seeks bail who is in custody since 31.07.2024 in connection with Tariyani Chhapra P.S. Case No. 60 of 2024, F.I.R. dated 30.07.2024 for the offences punishable under Sections 329(4), 126(2), 115(2), 117(2), 109, 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

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According to prosecution case, this petitioner along with other accused persons over a petty dispute brutally assaulted the husband and brother-in-law of the informant and during the course of treatment, her husband died.

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner and the informant are agnate to each other. It appears

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Patna High Court CR. MISC. No.11077 of 2025(5) dt.01-08-2025 2/3

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from the F.I.R itself that due to some petty dispute the present occurrence has taken place. Although there is specific allegation against the petitioner and other accused persons that they have assaulted to the husband of the informant but the postmortem report does not support the allegation as alleged in the F.I.R against the petitioner.

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Vide order dated 20.06.2025 a report was called with regard to the stage of the trial. Report of the learned Trial Court dated 28.06.2025 reveals that out of 13 chargesheet witnesses, 3 witnesses have been examined and the case is pending for the examination of rest of the prosecution witnesses.

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Learned counsel for the petitioner submits that in view of the report of the learned Trial Court the trial is not likely to be concluded in the near future and the petitioner is in custody since 31.07.2024 i.e., almost one year.

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Learned Additional Public Prosecutor has

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vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, report of the learned Trial Court as well as period of custody, 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 the learned Chief

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Patna High Court CR. MISC. No.11077 of 2025(5) dt.01-08-2025 3/3

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Judicial Magistrate, Sheohar in connection with Tariyani Chhapra P.S. Case No. 60 of 2024, subject to the following conditions:-

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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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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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.

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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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(Rajesh Kumar Verma, J)

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Vanisha/-

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U T

Bipin Kumar v. The State of Bihar

Case brief

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Bipin Kumar v. The State of Bihar

Case brief

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