Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17421 of 2026 Arising Out of PS. Case No.-167 Year-2025 Thana- FESHAR District- Aurangabad ====================================================== 1.
Pawan Kumar S/O Munna Ram R/O Vill.- Simra, P.S.- Phesar,DistAurangabad (Bihar) 2.
Sudama Ram S/O Late Ramashish Ram R/O Vill.- Simra, P.S.- Phesar,DistAurangabad (Bihar) 3.
Geeta Devi S/O Kamdev Ram R/O Vill.- Simra, P.S.- Phesar,DistAurangabad (Bihar) 4.
Vikash Kumar S/O Sudama Ram R/O Vill.- Simra, P.S.- Phesar,DistAurangabad (Bihar) 5.
Akash Kumar S/O Sudama Ram R/O Vill.- Simra, P.S.- Phesar,DistAurangabad (Bihar) 6.
Ramu Ram S/O Late Ramashish Ram R/O Vill.- Simra, P.S.- Phesar,DistAurangabad (Bihar) 7.
Munna Ram S/O Munshi Ram R/O Vill.- Simra, P.S.- Phesar,DistAurangabad (Bihar) 8.
Kaamdev Ram S/O Late Ramashish Ram R/O Vill.- Simra, P.S.- Phesar, Dist- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 74, 79, 126(2), 115(2), 351(2), 352, 191(2), 190 and 109 of the BNS, 2023.
3. Learned counsel for the petitioners submits that
2/4 petitioners are persons with clean antecedent and petitioner no. 3 is a woman and the informant alleges that accused persons including the petitioners came on 22.12.2025, at 08:00 a.m., and started abusing and on objection Vikash Kumar (petitioner no.
4) assaulted the informant by tangi causing injury on head while Sudama Ram (petitioner no. 2) assaulted Shivpujan Ram by sword causing injury on head and Aakash Kumar (petitioner no.
5) assaulted Shivbujan Ram by rod causing fracture of left hand while Baliram also assaulted him by rod causing fracture of right hand. Further, Shambhu Ram, Sita Ram and Pintu Ram assaulted Ramjee Ram indiscriminately by rod causing fracture of right leg while Munna (petitioner no.7), Jitan Ram and Sanjay assaulted Gangu Ram causing injury of right knee and Geeta Devi assaulted Sangeeta Devi by brick causing injury on waist and leg.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no motive for the occurrence is alleged in the FIR. It is further submitted that from the side of the petitioners Phesar P.S. Case No. 165 of 2025 and Phesar P.S. Case No. 166 of 2025 came to
3/4 be instituted against the informant and his side. It is next submitted that petitioners and the informant are neighbours and there is a drain in between the house of the informant and the petitioners and despite objection by petitioners not to use the drain for attending the call of nature, the son of the informant defied and was using the drain for the purposes of attending the call of nature based on which an altercation took place in which both sides assaulted each other. It is also submitted that from the side of the petitioners Aakash Kumar was injured. It is submitted that no specific allegation of assault is alleged against the petitioners no. 1, 3 and 8.
It is further submitted that injury of Shivpujan Ram and Ramjee Ram is opined to be grievous but then they are on non-vital part of the body as would manifest from Annexure-2 series to the anticipatory bail application. It is next submitted that petitioners are not the criminals and will not abscond if the privilege of anticipatory bail is granted to the petitioners rather will cooperate in the investigation to prove their innocence. It is next submitted that Ajay Ram along with six others had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 20451 of 2026 and the same came to be allowed by an order dated 08.04.2026 passed by a learned Coordinate Bench of this Court.
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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel appearing on behalf of the petitioners, let the petitioners, above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Phesar P.S. Case No. 167 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S. (Satyavrat Verma, J) Kundan/- U T