Nitish Kumar @ Dolu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13843 of 2025 Arising Out of PS. Case No.-535 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Nitish Kumar @ Dolu Kumar Son of Shankar Yadav @ Shankar Prasad Resident of vill. - Raghopur New Bypass, PS. - Bakhtiyarpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 326, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and the informant alleges that on 06.11.2023 Pankaj Kumar called him at cattle haat and demanded Rs.1 lakh. On protest, Suraj Kumar, Pankaj Kumar, Amit and petitioner who were carrying knife assaulted the informant by knife on his back causing multiple injuries while Sanjeev Kumar and Raushi Kumar snatched his gold chain.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that no doubt the informant alleges that the accused persons including the petitioner assaulted him by

Patna High Court CR. MISC. No.13843 of 2025(3) dt.12-05-2025 2/2 knife but then the allegation of assault is not specific rather is general and omnibus in nature.

5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that petitioner has antecedent of four cases and he is alleged to have assaulted the informant by knife along with others. Learned A.P.P. fairly submits that though the allegation of assault is not specific but then from perusal of the injury report as recorded in the case diary, it would manifest that informant has suffered multiple injuries on his back to be specific four injuries as such it is not a fit case where privilege of anticipatory bail be granted to the petitioner.

6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Bakhtiyarpur P.S. Case No. 535 of 2023 pending in the Court of learned Additional Chief Judicial Magistrate-II, Barh, Patna/Successor Court.

7. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T