Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5236 of 2025 Arising Out of PS. Case No.-611 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

Bittu Kumar S/O Late Kameshwar Paswan Village- Tikri More, P.SAurangabad Town, District- Aurangabad 2.

Bicky Kumar S/O Late Kameshwar Paswan Village- Tikri More, P.SAurangabad Town, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Aurangabad P.S. Case No. 611 of 2024 instituted for the offence under Sections 126(2), 115(2), 118(2), 352, 351(2) and 3(5) of the B.N.S.

3. The case of the prosecution is that the informant is having a mobile shop, one Babu Ansari has given his mobile for repairing and when the mobile was not repaired, he started abusing being accompanied by other persons. It is further alleged that all the accused persons including these petitioners assaulted Md. Danish Alam, Md. Rajiv Alam and Md. Adil by means of

Patna High Court CR. MISC. No.5236 of 2025(2) dt.21-02-2025 2/3 knife. It is also alleged in the FIR that Md. Adil received injury in his eye due to which he is having abrasion in the eye. It is also alleged that all the accused persons indiscriminately assaulted the informant and his elder brother. Accordingly, the FIR.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Learned counsel for the petitioners has further submitted that there is also a counter version of this case. From perusal of the injury report, it transpires that all the injuries are simple in nature. The nature of allegation against the petitioners is general and omnibus. Similarly situated other coaccused persons have already been granted bail by this Court vide order dated 10.12.2024 in Cr. Misc. No. 82831 of 2024.

5. Learned APP for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Aurangabad Town P.S. Case No. 611 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of

Patna High Court CR. MISC. No.5236 of 2025(2) dt.21-02-2025 3/3 the like amount each to the satisfaction of learned C.J.M., Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T