Shailesh Kumar @ Shailesh @Jayprakash Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9361 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- EKANGARSARAI District- Nalanda ====================================================== Shailesh Kumar @ Shailesh @ Jayprakash Prasad, S/O Nandu Prasad R/O Village- Jahanchak, P.O- Pasanghi, P.S- Ekanger Sarai, Dist- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushal Kishor, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Ekanger Sarai P.S. Case No. 197 of 2024 dated 08.10.2024 instituted for the offence punishable under Sections 126(2), 117(2), 109(1), 303(2), 352, 351, 3(5) of B.N.S., 2023.
3. The prosecution case in short, is that on the alleged date of occurrence, due to previous land dispute, the petitioner assaulted the father of the informant by means of iron rod due to which his right hand got fractured. It is also alleged that other accused persons assaulted the informant, his mother and Bhabhi.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.9361 of 2025(2) dt.06-03-2025 2/3 case. It is further submitted that both the sides are agnates. There is case and counter case between the parties. Counter case bearing Ekanger Sarai P.S. Case No. 199 of 2024 for the offence punishable under Section 126(2), 115(2), 117(2), 74, 303(2), 329(2), 3(5), 352 of the B.N.S. 2023 has been lodged by the mother of the petitioner. Learned counsel for the petitioner submits that due to land dispute, the occurrence took place and both sides have sustained injuries. Allegation against the petitioner is that he assaulted with iron rod on the hand of the father of the informant and nature of injury sustained by him has been mentioned as grievous, but the injury is on the non-vital part of the body. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ekanger Sarai P.S. Case No. 197 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.9361 of 2025(2) dt.06-03-2025 3/3 Additional Chief Judicial Magistrate-III, Hilsa, District Nalanda, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T