Pinku Kumar @ Pinku Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13016 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- CHACKMEHSI District- Samastipur ====================================================== Pinku Kumar @ Pinku Sahni S/O Mahesh Sahni @ Maheshar Sahni Resident of Village- Dadhiya, P.S.- Chakmehsi, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the State :

Mr. Ashok Kumar Singh, APP For the Informant :

Mr. Rabish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-05-2025 Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner, Mr. Ashok Kumar Singh, learned APP for the State and Mr. Rabish Kumar, learned counsel representing the informant.

2. The petitioner apprehends his arrest in connection with Chakmehsi P.S. Case No. 72 of 2024 for the offence registered under Sections 341, 323, 447, 302, 304/34 of the IPC lodged on 26.05.2024 by the informant Uday Shankar .

3. As per the prosecution story, the informant alleged that he along with other members was sleeping in the night. When he heard the sound, came out and saw the accused persons assaulting his brother Girishankar@Kakku (since deceased). When the informant tried to save him, he was also assaulted. On alarm, the younger brother Gaurishankar and niece Diksha

Patna High Court CR. MISC. No.13016 of 2025(3) dt.14-05-2025 2/2 Kumari came and they also faced the brunt of the said assault. The Emergency no. 112 was called, police came, they were taken to primary health centre, shifted to Sadar Hospital and then referred to Darbhanga Medical College Hospital where his brother Kakku died on 26.05.2024. This led to the FIR.

4. Learned counsel for the petitioner submits that he was not named in the FIR and was in the list of unknown, later, his name included.

5. Learned counsel for the informant, on the other hand, has taken this Court to the case diary wherein it has been recorded that Pinku Sahni was also one of the person who assaulted the deceased. The said girl who has narrated the story in the case diary was amongst the injured (Diksha Kumari).

6. Considering the allegation that has come against the petitioner, the brutal assault led to death of one of the brother of the informant as recorded above, in that background , this Court is not inclined to grant him the anticipatory bail.

7. The anticipatory bail application stands rejected. (Rajiv Roy, J) priyanka/- U T