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Patna High CourtCR. MISC./21643/2025disposed

Ujjawal Kumar v. The State Of Bihar

2025-09-24Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21643 of 2025 Arising Out of PS. Case No.-554 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== 1.

Ujjawal Kumar Son of Ranjit Kumar Prasad Resident of Harnichak, Near Government School, Police Station - Beur, District- Patna 2.

Golu Kumar Son of Dilip Kumar Resident of Harnichak, Near Government School, Police Station - Beur, District- Patna 3.

Himanshu Kumar @ Himanshu Raj Kumar Son of Ramishwar Prasad Resident of Harnichak, Near Government School, Police Station - Beur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun .

For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. This is an application for grant of anticipatory bail on behalf of the above named petitioners who apprehends their arrest in connection with Gardanibagh P.S. Case No. 554 of 2024 for the offences under sections 191(2), 190, 281, 109(1), 352, 115(2) of the BNS.

3. As per allegation, in the garb of a petty dispute, the altercation took place near Anishabad Golambar between the parties and in furtherance of that, the accused persons including the petitioners came there having armed with danda and started

Patna High Court CR. MISC. No.21643 of 2025(3) dt.24-09-2025 2/3 abusing and assaulting them, as a result of which, they sustained head injuries.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. He has further submitted that there is allegation against petitioner no. 1, who is said to have assaulted the informant by means of danda, and that there is no allegation of assault against petitioner no. 2. He has also submitted that there is allegation against petitioner no. 3, who is said to have assaulted Ayush Kumar on the head by means of danda. Both have sustained injuries. The occurrence took place over a trivial issue of rash driving by the petitioners' side while the informant was crossing the road. They are the persons of clean antecedents.

5. Considering the above-mentioned facts and circumstances, let the petitioner nos. 1 and 2, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-XIII, Patna in connection with Gardanibagh P.S. Case No. 554 of 2024, subject to the conditions as laid down under Section 438(2)

Patna High Court CR. MISC. No.21643 of 2025(3) dt.24-09-2025 3/3 Cr.P.C.

6. So far as petitioner no. 3 is concerned, he is said to have assaulted Ayush Kumar on the head with danda, as a result of which, he received injuries which are grievous in nature. Accordingly, his prayer for bail is rejected.

7. If the petitioner no. 3 surrender before the court below and makes a prayer for regular bail, that shall be disposed of on the same day of its filing, on its own merit without being prejudiced by this order.

(Nawneet Kumar Pandey, J) Nirmal/- U T