Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24059 of 2025 Arising Out of PS. Case No.-410 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== 1.

Sujit Kumar S/O Nagendra Rai R/O Village- Vishanpur, P.S- Jandaha, P.OKhopi, District- Vaishali. 2.

Devendra Rai S/O Prabhu Rai R/O Village- Vishanpur, P.S- Jandaha, P.OKhopi, District- Vaishali. 3.

Surendra Rai S/O Harivansh Rai R/O Village- Vishanpur, P.S- Jandaha, P.OKhopi, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 126(2), 115(2), 118, 303(2), 109, 352, 351(2) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 are persons with clean antecedent and petitioner No. 3 has antecedent of two cases. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that on account of dispute relating to land, the

Patna High Court CR. MISC. No.24059 of 2025(2) dt.30-04-2025 2/3 occurrence is alleged to have taken place.

4.

It is further submitted that there is no specific allegation of assault alleged against petitioner Nos. 2 and 3, but as far as petitioner No. 1 is concerned, he is alleged to have assaulted by a sword causing injury on head and right side of neck. It is submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the informant with precision has alleged who assaulted whom and where. It is next submitted that it does not appear probable that with such precision the informant could have alleged with regard to the assault. It is also submitted that the injury suffered by the injured is simple in nature and the blow is not alleged to have been repeated as such it does not appear probable that the petitioner would have assaulted causing injury on head and neck both. It is further submitted that injury is opined to be simple in nature caused by hard and blunt substance, which further belies the allegation of assault by sword. It is next submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.24059 of 2025(2) dt.30-04-2025 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jandaha P.S. Case No. 410 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) SUMIT/- U T