Anuya Kumar @ Anaya Kumar @ Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19015 of 2025 Arising Out of PS. Case No.-273 Year-2024 Thana- KARPI District- Arwal ====================================================== 1.
Anuya Kumar @ Anaya Kumar @ Rajeev Kumar, Son of Sant Lala Yadav, Resident of Village - Rohai, P.S. - Karpi, District - Arwal. As mentioned in the F.I.R. though really resident of Village - Karwahaukar, P.S. - Karpi, District - Arwal 2.
Amit Ranjan @ Rocky Kumar, Son of Ramashish Ranjan, Resident of Village - Rohai, P.S. - Karpi, District - Arwal. As mentioned in the F.I.R. though really resident of Village - Karwahaukar, P.S. - Karpi, District - Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Karpi P.S. Case No. 273 of 2024 dated 29.11.2024 instituted for the offence punishable under Sections 192, 190,115(2), 109, 132, 134, 351(2) of Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the alleged date of occurrence, the informant was deployed in the PACS Election. In the meantime, two persons came to the election booth, out of whom, one person was smoking and the other was having identity card of Press. The informant asked him to smoke
Patna High Court CR. MISC. No.19015 of 2025(2) dt.16-04-2025 2/3 2025 outside the election booth. After some time, both person along with 40-50 persons came there and they assaulted the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that F.I.R. has been lodged against 10 named persons including these two petitioners. There is no specific allegation against any of the accused persons rather the allegation is general and omnibus. The injury sustained by the informant is simple in nature. There is case and counter case between the parties. Counter case bearing Complaint Case No. 336 of 2013 has been lodged by Bhabhi of petitioner no. 2 against the informant and others. Lastly, it has been submitted that petitioner no. 1 has no criminal antecedents while petitioner no. 2 has one criminal case against him.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Karpi P.S. Case No. 273 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of
Patna High Court CR. MISC. No.19015 of 2025(2) dt.16-04-2025 3/3 2025 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T