Amit Kumar @ Bigan @ Bigan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11741 of 2025 Arising Out of PS. Case No.-346 Year-2024 Thana- AMNAUR District- Saran ====================================================== 1.

Amit Kumar @ Bigan @ Bigan Kumar S/o Dara Manjhi R/o VillageLachchi Kaituka, P.S.- Amnour, District- Saran at Chapra 2.

Dara Manjhi S/o Ram Prawesh Manjhi R/o vill- Lachchi, Kaituka, P.S.- Amnour, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Kumar Pandey For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-04-2025

1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no. 1 with liberty to surrender and seek regular bail.

3. Permission is accorded.

4. The application, in respect of the petitioner no. 1 is, accordingly, dismissed as withdrawn with aforesaid liberty.

5. Insofar as petitioner no. 2 is concerned, this application for grant of anticipatory bail arises out of Amnour Police

Patna High Court CR. MISC. No.11741 of 2025(2) dt.03-04-2025 2/3 Station Case No. 346 of 2024, dated 16.10.2024, disclosing offence under Section 127(2)/115(2)/109/117(2)/3(5)/352 of the Bhartiya Nyaya Sanhita and Sections 3/4 of the Prevention of Witch (Daain) Practices Act.

6. The prosecution case, as per the First Information Report, is that on 11.10.2024, petitioner no. 2, along with other accused persons, variously armed, arrived at the door of the informant, abused and assaulted her. The petitioner no. 2 assaulted the informant by means of iron rod due to which she sustained injury on her hand and also assaulted informant's daughter Munni Kumari due to which she sustained injury on her leg.

7. Learned counsel for the petitioner no. 2 submits that the petitioner no. 2 has falsely been implicated in the present case due to land dispute between the parties. He further submits that both the parties are agnates and the petitioner no. 2 is the brother-in-law of the informant. Referring to the injury report, learned counsel submits that injuries caused to the victims are simple in nature. The petitioner no. 2 is not having any criminal antecedent.

8. Regards being had to the submission made by the parties

Patna High Court CR. MISC. No.11741 of 2025(2) dt.03-04-2025 3/3 and taking into consideration the fact both the parties are agnates having land dispute and injuries sustained by the victims are simple in nature, I am inclined to grant the petitioner no. 2 privilege of anticipatory bail.

9. This application in respect of petitioner no. 2 is, accordingly, allowed.

10. Let the petitioner no. 2, Umesh Mandal, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VIII, Saran at Chapra, in connection with Amnour Police Station Case No. 346 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J) ashwani/- U T