Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29087 of 2025 Arising Out of PS. Case No.-129 Year-2024 Thana- CHANAN District- Lakhisarai ====================================================== Aman Kumar S/O Tuntun Mandal Resident of Village- Gopalpur P.S.- Chanan, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-05-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with Chanan P.S. Case No. 129 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 109, 3(5) of the BNS, 2023.
3. The allegation against the petitioner is of causing assault over the head of the informant by means of iron rod leading to serious injuries.
4. Learned Advocate for the petitioner taking this Court through the FIR contended that the genesis of occurrence is said to be a land dispute on account of partition. So far the
Patna High Court CR. MISC. No.29087 of 2025(2) dt.15-05-2025 2/3 injury, which is allegedly sustained to the informant is concerned, the same is found to be simple in nature. Moreover, there is no allegation of any repetition of blow and, as such, no case much less under Section 109 of the BNS is made out. Further submission has been made that the petitioner bears fair antecedent and the parties are close agnates and now good sense prevailed between the parties and they have entered into a settlement.
5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the there is specific allegation of causing assault; moreover the offence is not compoundable.
6. Regard being had to the submissions made on behalf of the parties and considering the simple nature of injuries, coupled with the fair antecedent and the genesis of occurrence, let the petitioner abovenamed be released on bail, in the event of his arrest or 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 Chief Judicial Magistrate, Lakhisarai in connection with Chanan P.S. Case No. 129 of 2024, subject
Patna High Court CR. MISC. No.29087 of 2025(2) dt.15-05-2025 3/3 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) Anjani/- U T