Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3267 of 2025 Arising Out of PS. Case No.-254 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== Bablu Kumar S/o Shivpujan Tiwari @ Shiv Pujan Tiwari R/o Mohalla- Bana, P.S.- Khizersarai, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aryan Singh, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Khizersarai PS case no. 254 of 2020, disclosing offences punishable under Section 379 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 01.09.2022 in the afternoon, while the informant was sitting at his door, co-accused called him, upon which the informant went towards the field, where co-accused Shivpujan Tiwari and Shivpurari Tiwari assaulted him by knife. It has been alleged against the petitioner that he along with Prince Kumar took out Rs. 1500/- from the pocket of informant and all the accused persons assaulted him.

Patna High Court CR. MISC. No.3267 of 2025(2) dt.20-02-2025 2/3 4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to land dispute between the parties. Learned counsel further submits that petitioner is the own cousin brother of the informant and a counter case bearing Khizersarai PS case no. 255 of 2020 has been lodged by the side of the petitioner. He next submits that the allegation against the petitioner is general and omnibus in nature and there is specific allegation of assault against co-accused Shivpujan Tiwari and Shivpurari Tiwari. He also submits that the injury caused to the informant is simple in nature.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are closely related and case and counter case is there and injury sustained by the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.3267 of 2025(2) dt.20-02-2025 3/3 satisfaction of learned Additional Chief Judicial MagistrateIVth, Gaya in connection with Khizersarai PS Case No. 254 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T