Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7038 of 2026 Arising Out of PS. Case No.-895 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Pawan Kumar S/O Arjun Bhagat @ Arjun Kumar Kushwaha Resident of village- Majurahan, P.S.- Raghunathpur, Dist.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar, Advocate For the State :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 504, 354, 379 and 34 of the Indian Penal Code.
3. As per prosecution story, it is alleged that due to cutting of a Neem tree, there was a scuffle and when the informant protested, all the F.I.R. named accused persons, including this petitioner, armed with deadly weapons, assaulted informant and others.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Allegation of assault is general and
Patna High Court CR. MISC. No.7038 of 2026(2) dt.19-02-2026 2/3 omnibus and no specific accusation of overt act has been alleged against this petitioner. Doctor has found the injuries, allegedly caused by this petitioner, simple in nature. It is further submitted that similarly situated co-accused persons have already been granted privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 22.02.2024 passed in Cr. Misc. No. 5128 of 2024. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, nature of injuries sustained by the injured, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 Judicial Magistrate- 1st Class, East Champaran in connection with Turkauliya (Raghunathpur) P.S. Case No. 895 of 2023, subject to condition as laid down
Patna High Court CR. MISC. No.7038 of 2026(2) dt.19-02-2026 3/3 under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T