Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3859 of 2025 Arising Out of PS. Case No.-183 Year-2024 Thana- SOHSARAI District- Nalanda ====================================================== Uttam Kumar, aged about 26 years, Gender - Male, Son of Shailendra Prasad @ Shailendra Kumar, Resident of Mohalla -Ashanagar P.S.- Sohsarai DistrictNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chandra, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-02-2025 Heard Mr. Shashank Chandra, learned counsel appearing on behalf of the petitioner and Mr. Ahmad Ali, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sohsarai P.S. Case No. 183 of 2024, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.), 2023.

3. As per the allegation made in the FIR, petitioner along with other co-accused, had assaulted the informant by means of iron-rod on his head, due to which, he had sustained injury.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioner is innocent and has falsely

Patna High Court CR. MISC. No.3859 of 2025(2) dt.12-02-2025 2/3 been implicated in the present case. Specific allegation against the petitioner is that he had assaulted the informant by means of iron-rod on his head causing injury, which, as per the opinion of the doctor, found to be simple in nature. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that specific allegation against the petitioner is that he had assaulted the informant by means of iron-rod on his head causing injury, which, as per the opinion of the doctor, found to be simple in nature. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned JM 1st Class - VI, Nalanda, in connection with Sohsarai P.S. Case No. 183 of

Patna High Court CR. MISC. No.3859 of 2025(2) dt.12-02-2025 3/3 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T