Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3746 of 2025 Arising Out of PS. Case No.-125 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== 1.
Nitish Kumar S/o Shambhu Ray R/o vill- Dharhari, P.S.- Chiraiya, Distt. - East Champaran at Motihari 2.
Arun Kumar S/o Prabhu Ray R/o vill- Dharhari, P.S.- Chiraiya, Distt. - East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Pandey For the State :
Mr.Jitendra Kumar Singh For the informant :
Mr. Adarsh Ranjan Mr. Pritish Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-03-2025
1. Heard learned Counsel for the petitioners, learned Counsel for the informant and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Chiraiya Police Station Case No. 125 of 2024, dated 28.03.2024, disclosing offences punishable under Sections 341/323/324/307/379/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 25.03.2024, in the afternoon, the informant's son was going to bring cold drink, in the mean while, the petitioner no. 1 gave knife blow in his stomach and when
Patna High Court CR. MISC. No.3746 of 2025(2) dt.07-03-2025 2/3 the second son of the informant intervened, he was assaulted by petitioner no. 2 by knife.
4. Learned Counsel for the petitioners submits that both the parties are agnates, having previous dispute and litigation. A counter case has been filed by the side of the petitioners also, bearing Chiraiya Police Station Case No. 126 of 2024. The side of the petitioners have also sustained farsa injury, which is simple in nature. The injuries caused to the victims of the present case are also simple in nature. The petitioners are aged about 20 years.
5. On the other hand, learned Counsel for the informant opposes the prayer for anticipatory bail and submits that there is specific allegation of assault by means of knife upon the petitioners and the victims have sustained injuries also.
6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are agnates, having previous dispute, case and counter case is there and the injuries caused to the victims are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
7. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.3746 of 2025(2) dt.07-03-2025 3/3
8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sikarahana at Dhaka, East Champaran, in connection with Chiraiya Police Station Case No. 125 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √