Sudhesh Kumar @ Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5792 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== 1.
Sudhesh Kumar @ Sudhir Kumar Son of Ram Sagar Prasad Singh Resident of Village- Birpur, P.S.- Birpur, District- Begusarai 2.
Aman Kumar Son Ashok Mahto @ Ashok Kumar Resident of VillageBirpur, P.S.- Birpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshu Dhar Sharma, Advocate Ms. Namita Sharma, Advocate For the State :
Mr. Kanhiya Kishor, APP For the Informant :
Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-07-2025 Heard learned Counsel for the parties.
2. This application, for grant of anticipatory bail, arises out of Birpur Police Station Case No. 131 of 2024, dated 16.07.2024, disclosing offences under Sections 126, 115, 308, 109, 303, 352 and 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, when the informant was proceeding towards Birpur Inden Gas Distributor, the petitioners stopped the LPG truck driven by the informant and demanded rangdari of Rs. 2,000/- from the informant and he also paid Rs. 500/- to the petitioners. But for the remaining amount, the informant is alleged to have been assaulted by them
Patna High Court CR. MISC. No.5792 of 2025(5) dt.23-07-2025 2/3 with the butt of pistol on his face and head.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to ill motive and there is no specific allegation against the petitioners. It has further been alleged that petitioners have no criminal antecedent and the case has been compromised between both the parties.
5. Learned Counsel for the State as well as informant has opposed the anticipatory bail of the petitioners on the ground that the injuries perpetrated by the petitioners on the informant was found to be grievous in nature.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is specific accusation against the petitioners of assaulting the informant by means of butt of the pistol and the injury sustained by the informant has been found to be grievous in nature, I am not inclined to grant the petitioners privilege of anticipatory bail.
7. This application is, accordingly, rejected.
8. However, if the petitioners surrenders before the concerned court and seeks regular bail, the same may be considered by the learned Judicial Magistrate 1st Class,
Patna High Court CR. MISC. No.5792 of 2025(5) dt.23-07-2025 3/3 Begusarai, on its merit, without being prejudiced to the fact that the anticipatory bail of the petitioners has been rejected. (Anil Kumar Sinha, J) sauravkrsinha/- U T