Ayush Sharma @ Ayush Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21804 of 2025 Arising Out of PS. Case No.-240 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== 1.
Ayush Sharma @ Ayush Raj S/o Shyam Sharma R/o vill- Sandalpur (Near Phaudi), P.S.- Kasim Bazaar, Distt.- Munger 2.
Himanshu Raj @ Himanshu Sharma S/o Shyam Sharma R/o vill- Sandalpur (Near Phaudi), P.S.- Kasim Bazaar, Distt.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajkumar Rajesh, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-04-2025 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Kasim Bazar PS case no. 240 of 2024, disclosing offences punishable under Section 126(2) and other allied sections of the B.N.S. Act, 2023.
3.
The prosecution story, as per the First Information Report, is that on 31.08.2024, the petitioners along with other accused persons armed with rod, brick and stone, broke open the door and entered into the house of the informant. Thereafter, informant's daughter-in-law informed her about the incident and when the informant arrived at the door along with her son, the
Patna High Court CR. MISC. No.21804 of 2025(2) dt.30-04-2025 2/3 accused persons attacked on her. The informant further alleged that the petitioner no. 1 threw stone at her causing head injury and petitioner no. 2 assaulted with iron rod on her hand. 4.
Learned Counsel for the petitioners submits that from perusal of the first information report, it would be evident that there is admitted land dispute between the parties, for which, Title Execution Case No. 02 of 2012 is pending, in which, possession has been given in favour of father of the petitioners. Referring to paragraph no. 15 of the bail application, learned counsel submits that injuries caused to the informant are simple in nature.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that there appears to be land dispute between the parties and counter case has been filed by the side of the petitioners as also the fact that injuries sustained by the informant are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.
6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.21804 of 2025(2) dt.30-04-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar PS case no. 240 of 2024, subject to the condition laid down under Section 482 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T