Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20408 of 2025 Arising Out of PS. Case No.-253 Year-2024 Thana- GWALPARA District- Madhepura ====================================================== Krishna Kumar, Male, aged about 25 years, son of Ravindra Yadav @ Rabindra Yadav, resident of village- Jairam Parsi, P.S.- Gwalpara(Arar O.P.), District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Gwalpara/Gwalpara (Arar)/Gwalpara (Arar OP) PS Case No.253 of 2024 dated 05.12.2024, instituted under Sections 126(2), 115(2), 118(1), 109, 352, 351, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioner is that he allegedly assaulted the informant on his head by means of Dabiya while co-accused, Jay Jay Ram Kumar, assaulted the informant with rod causing injury on his head. When the informant's brother Babloo Kumar came to have him, he was also assaulted by co-accused Pabitar Yadav and Rajo Yadav by

Patna High Court CR. MISC. No.20408 of 2025(3) dt.02-07-2025 2/3 means of lathi.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is specific allegation against the petitioner and co-accused Jay Jay Ram Kumar that they assaulted with Dabiya and iron rod respectively. Learned counsel further submits that there is only one injury on the head of the informant which is said to be caused by hard and blunt substance and the nature of injury is said to be grievous. It is further submitted that there is land dispute between the parties. Pabitar Yadav happens to be the maternal grandfather of the petitioner and the Pabitar Yadav has sold the land to the petitioner due to which the informant, who is the nephew of Pabitar Yadav, has lodged this false case. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.20408 of 2025(3) dt.02-07-2025 3/3 Judicial Magistrate, 1st Class, Udakishunganj, Madhepura, in Gwalpara/Gwalpara (Arar)/Gwalpara (Arar OP) PS Case No.253 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T