CR. MISC./59151/2026 of ROHIT KUMAR Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard Ms. Pratibha Srivastava, learned counsel for the petitioner and Mr. Syed Ehteshamuddin, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Supaul P.S. Case No. 536 of 2025, F.I.R. dated 23.10.2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352 read with 3(5) of the B.N.S.

3. Allegation against the petitioner is that he has assaulted to the informant on his head, shoulder and eye due to which he sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that although the petitioner is named in the F.I.R but from perusal of the F.I.R. it appears that there is no specific allegation against the petitioner. Although the Patna High Court CR. MISC. No.59151 of 2026(2) dt.19-08-2026

informant has received injury but the injury report of the informant suggests that the injury is simple in nature caused by hard and blunt substance and apart from aforesaid, it appears from the F.I.R. that the date of occurrence as alleged in the F.I.R. is 20.10.2025 but the present F.I.R. was instituted on 23.10.2025 after delay of three days afterthought only to falsely implicate the petitioner in the present case.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that there is specific allegation against the petitioner in the F.I.R. and apart from aforesaid, the petitioner carries three more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in two cases and in one case cognizance has not been taken by the learned Court below.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 536 of 2025, subject to the conditions as laid down under Patna High Court CR. MISC. No.59151 of 2026(2) dt.19-08-2026

Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) 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.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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.

Ibrar//- (Rajesh Kumar Verma, J) U T