Shankar Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23983 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Shankar Kapar S/O Late Kashi Kapar R/O Village- Bhuidhara Sonbarsha Chowk, P.S- Muffasil, Distt.- Samastipur.

2.

Krishna Kapar @ Krishna Kumar Kapar S/O Late Kashi Kapar R/O VillageBhuidhara Sonbarsha Chowk, P.S- Muffasil, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2),115(2),109(2),303(2),3(5) of Bharatiya Nyaya Sanhita.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on alleged date of occurrence, 4-5 persons were creating ruckus in a house behind the house of the informant and when father of the informant objected, they started verbally abusing him and threatened him. Further, again

Patna High Court CR. MISC. No.23983 of 2025(2) dt.30-04-2025 2/3 in the event, FIR named accused persons including the petitioner along with 8-10 unidentified persons started vandalizing the house of the informant, when informant's mother objected, then all the accused abused her and even tried to assault her. Further, when wife of the informant informed him about the occurrence, then informant along with his brother came to his house, thereafter, it is alleged that Haldhar Kapar fired at the informant's younger brother, but he managed to save himself, thereafter petitioners along with Bhulla assaulted the informant and his brother with an iron rod causing injury on head, thereafter, Haldhar assaulted informant's brother with brick on his head causing injury and Haldhar and Bhulla Kapar snatched the golden chain belonging to informant and his brother.

4. It is submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault against the petitioners. It is further submitted that even injury suffered by the informant and his brother is simple in nature as would manifest from Annexure-2 to anticipatory bail application.

5. Learned A.P.P. opposes the anticipatory bail application.

Patna High Court CR. MISC. No.23983 of 2025(2) dt.30-04-2025 3/3

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-Vcum- A.C.J.M.-II, Samastipur in connection with Samastipur Muffasil P. S. Case No.18 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T