Gaurab Kumar Singh @ Kumar Gaurab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10573 of 2025 Arising Out of PS. Case No.-417 Year-2024 Thana- BANKA District- Banka ====================================================== Gaurab Kumar Singh @ Kumar Gaurab S/O Late Sunil Kumar Singh resident of Village- Paliyar, P.S- Banka, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP For the Informant :

Ms. Chhaya Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Banka P.S. Case no.417 of 2024, registered under sections 191(2), 191(3), 190, 126(2), 115(2), 109, 303(2) and 351(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the allegation against the accused persons is that they came variously armed. The petitioner is said to have given a spade blow on the head of the informant and his father leading to grievous injuries on vital part of the body.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.10573 of 2025(2) dt.22-03-2025 2/3 petitioner has been falsely implicated in the case. There is case and counter case between the parties. The manner of occurrence as alleged in the F.I.R is false and incorrect. It was a case of trivial dispute between the parties which has been given an incorrect colour. The petitioner undertakes to cooperate in the case/trial and as such he be enlarged on anticipatory bail.

5. The application for anticipatory bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that besides the petitioner being named in the FIR, there is direct allegation against him of having given a blow with spade on the informant as also his father leading to grievous injuries.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the injuries having been substantiated in the injury report and the same having been found to be grievous in nature, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned Court below within a period of four weeks.

8. In case the petitioner so surrenders within the aforesaid period and prays for regular bail, the same shall be

Patna High Court CR. MISC. No.10573 of 2025(2) dt.22-03-2025 3/3 considered on its own merit without being prejudiced by this order of rejection.

(Partha Sarthy, J) Shiv/- U T