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Patna High CourtCR. MISC./27310/2025allowed

Karan Kumar @ Karan Kumar Ram @ Bhim v. The State Of Bihar

2025-05-06Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27310 of 2025 Arising Out of PS. Case No.-338 Year-2024 Thana- MASHRAK District- Saran ====================================================== Karan Kumar @ Karan Kumar Ram @ Bhim, Son of Tribhuwan Ram, Resident of village - Baharauli, Police Station - Masharak, District - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shrinath Manjhi, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Masharak P.S. Case No. 338 of 2024, registered for the offences punishable under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code.

3. Allegedly on the fateful day while the nephew of the informant Shivam Kumar and his friend Yuraj Kumar and Ankit Kumar were going to attend coaching classes, in the mean while all the accused persons including the petitioner, total eleven in numbers, having lathi, iron rod, sabal and knife attacked and assaulted the nephew of the informant and his

Patna High Court CR. MISC. No.27310 of 2025(2) dt.06-05-2025 2/3 friends, due to which they sustained serious injuries.

4. Learned Advocate appearing on behalf of the petitioner submitted that there is omnibus nature of allegation against all the accused persons and, in fact, both the parties are neighbours and on account of some trifle, they entered into free fight, leading to injuries to the persons of both the sides. There is a counter version of the present case being Complaint Case No. 82 of 2024, instituted against the informant and others. The informant does not appear to be an eye witness to the alleged occurrence and considering all the facts, a Bench of this Court has accorded the privilege of anticipatory bail to identically situated co-accused person in Criminal Miscellaneous No. 89389 of 2024 and further in Criminal Miscellaneous No. 16060 of 2025.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and counter case as also the omnibus allegation, coupled with the fact that co-accused person having identical allegation have been allowed bail by Bench of this Court, let the petitioner above named be released on bail, in the event of his arrest or

Patna High Court CR. MISC. No.27310 of 2025(2) dt.06-05-2025 3/3 surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 7th, Saran at Chapra in connection with Masharak P.S. Case No. 338 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T