Anand Kumar @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4202 of 2025 Arising Out of PS. Case No.-409 Year-2024 Thana- SHEKHPURA District- Sheikhpura ====================================================== Anand Kumar @ Chhotu Kumar S/O Vijay Paswan Resident of VillageKamasi, P.S- Sheikhpura, District- Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad For the Opposite Party/s :
Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-06-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sheikhpura Police Station Case No. 409 of 2024, disclosing offences under Sections 126(2), 115(2), 109, 117(2), 352, 351(2), 3(5) of the BNS, 2023.
3. As per the prosecution case, on 24.10.2024, four people from the informant's village attacked him. Deepu Kumar hit his leg with a stone, the petitioner beat him with a stick, and Bittu Kumar and Mangal Kumar pushed him to the ground and assaulted him with fists and slaps. He was also hit on the head with bamboo. Informant's family took him to the hospital after being informed by villagers. On 27.10.2024, Deepu Kumar came to his house, threatened, and abused him.
Patna High Court CR. MISC. No.4202 of 2025(3) dt.09-06-2025 2/3
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case due to village politics. The prosecution story is fully concocted and fabricated. There is delay of 5 days in lodging the FIR. Injury report of the informant suggests that although the informant has received three injuries but out of three injuries, Injury Nos. 1 and 3 are simple in nature and Injury No. 2 is inflicted upon the hand of the informant and the same is not on the vital part of the body of the informant. He next submits that similarly situated co-accused person namely Deepu Kumar has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 5420 of 2025.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent, injuries caused to the informant are simple in nature, injury no. 2 is not on the vital part of the body of the informant and similarly situated coaccused person has been granted anticipatory bail by a Coordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.4202 of 2025(3) dt.09-06-2025 3/3
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four 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 satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura Police Station Case No. 409 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T