Ankush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11391 of 2025 Arising Out of PS. Case No.-648 Year-2023 Thana- FATUA District- Patna ====================================================== 1.

Ankush Kumar S/o- Bhushan Singh @ Bhushan Yadav Village- Budhuchak Ps- Fatuha Dist- Patna 2.

Dhiraj Kumar @ Dheeraj Yadav S/o- Bhushan Singh @ Bhushan Yadav Village- Budhuchak Ps- Fatuha Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Abhash Pradhan, Advocate Mr. Amit Prakash, Advocate For the State :

Mr. Mohammad Sufyan, APP For the Informant :

Ms. Malti Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 323, 341, 307, 325, 504 and 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 29.08.2023 at 7:00 AM, while the informant was working in the field, in the meantime, all the accused persons named in the F.I.R., including these petitioners, armed with iron rod and lathi, assaulted the informant and broke his left leg.

4. It is submitted on behalf of petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.11391 of 2025(3) dt.08-07-2025 2/3 As a matter of fact, informant is none else but cousin grandfather of the petitioners. Admittedly, there is land dispute between the parties, for which Misc. Case No. 852 of 2023 under Section 144 of the Cr.P.C. is pending in the Court of learned Sub-Divisional Magistrate, Patna City, Patna. There is case and counter case between the parties. Similarly situated coaccused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 20.05.2024 passed in Cr. Misc. No. 27794 of 2024.

5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to these petitioners.

6. Considering the facts and circumstances of the case, relationship between the parties, fact that there is case and counter case between the parties and claim based on parity, the prayer for anticipatory bail of petitioners is allowed.

7. Let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Patna City in connection with Fatuha P.S. Case No. 648 of 2023, subject to condition as

Patna High Court CR. MISC. No.11391 of 2025(3) dt.08-07-2025 3/3 laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T