Sumit Sharma @ Sumit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20351 of 2025 Arising Out of PS. Case No.-386 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Sumit Sharma @ Sumit Kumar Sharma S/o Surendra Sharma R/o VillageKupadi, Ward No. 02, P.S.- Raniganj, District- Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ravish, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard Mr. Kumar Ravish, learned counsel for the petitioner and the State.

2. The petitioner apprehends his arrest in connection with Raniganj P.S. Case No. 386 of 2024 for the offence registered under sections 126(2), 115(2), 118(1), 74, 303(2), 352, 351(2)(3) of the BNS, 2023 lodged on 25.08.2024 by the informant, Vijay Sharma.

3. As per the prosecution story, the informant was resting in his home and earlier to that, he had visited the Public Distribution System to collect ration where he had altercation with Ganesh Sharma regarding the collection of ration. It is alleged that later, a group of accused persons including the petitioner came, armed variously and after the abuse, the assault took place. So far as this petitioner is concerned, allegation is

Patna High Court CR. MISC. No.20351 of 2025(2) dt.30-04-2025 2/3 that on the rustication of Ganesh sharma, this petitioner took away the axe from Champa Devi and gave blow on the right side of the head causing injury. The allegation of taking out the money as also assault on the informant's sister-in-law, Bina Sharma is also there. As the locals assembled, the accused retreated and they were taken to Sadar Hospital, Araria after being given minor treatment at Raniganj. This led to the FIR.

4. Learned counsel for the petitioner submits that there is a counter version also to the case in which allegation has come against the informant's side though he concede that the allegation against this petitioner of using axe to cause injury on the head which has been found to be grievous in nature. He submits that the injury report shows that it has been inflicted by hard and blunt substance and the petitioner has no criminal antecedent.

5. Learned APP, Mr. Jitendra Kumar Singh, on the other hand, opposes the prayer submitting that the main allegation against the petitioner is that he gave axe blow causing injury on the head and the same has been found to be grievous in nature as would reflect from the learned Sessions Judge order.

6. Considering the submissions as also the fact that allegation has come against the petitioner, injury has been found

Patna High Court CR. MISC. No.20351 of 2025(2) dt.30-04-2025 3/3 to be grievous in nature, in that background, no relief can be extended.

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