Aakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4288 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- TARAPUR District- Munger ====================================================== 1.

Aakash Kumar Son of Kailash Rajak Resident of Village- Khanpur (Manikpur), PS- Tarapur, Distt.- Munger 2.

Roushan Kumar Son of Kailash Rajak Resident of Village- Khanpur (Manikpur), PS- Tarapur, Distt.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 329(3), 126(2), 115(2), 109, 118(1), 76, 303(2), 352, 351(2) and 3(5) of Bhartiya Nyaya Sanhita.

3.

Learned counsel for the petitioners submits that petitioners are aged about 20 and 18 years old and are persons with clean antecedent and the informant alleges that the accused persons including the petitioners belong to one family and are her neighbour, further the accused persons were drinking on their terrace and were using abusive language amongst

Patna High Court CR. MISC. No.4288 of 2025(2) dt.12-02-2025 2/3 themselves, hence her son, Gayandeo, went to make them understand, when Awdhesh assaulted Gayandeo by a sharpedged weapon causing injury on his head and he became unconscious, and thereafter took out his golden chain and Rs. 10,000/- from his pocket, while Kailash acted inappropriately with Anjana, thereafter Subhash assaulted her husband, Dinesh, by Kudal causing injury on his head, thereafter Raja threatened with a gun, while Roushan and Aakash assaulted Rahul by brick causing injury on his head. It is also alleged that bleeding of Gayandeo's head was not stopping.

4.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant with general and omnibus allegation of assault by brick. It is next submitted that even presuming what has been alleged is true without admitting then the injury suffered by Rahul is simple in nature and the petitioners, who are young boys aged about 20 and 18 years, are not criminals and if they are sent to judicial custody, the chances are bright that they may come in contact with hardened criminals and their entire career would get jeopardized.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.4288 of 2025(2) dt.12-02-2025 3/3 6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tarapur P.S. Case No. 270 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T