Ayush Kumar @ Piyush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31376 of 2025 Arising Out of PS. Case No.-232 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== Ayush Kumar @ Piyush Kumar S/o Mahesher Singh R/o Village- Dema Fatehpur, P.S.- Khizar Sarai, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Adv.
For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Khizersarai P.S. Case No. 232 of 2019, registered for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.
3. The allegation against the petitioner and others is of surrounding the informant and causing assault over the head and snatching of Rs. 10,000/- from his pocket.
4. Learned Advocate for the petitioner taking this Court through the FIR contended that altogether five persons are said to have been assaulted the informant. Moreover, the specific allegation of causing assault over the head of the informant is attributed to one Majit Kumar. The impugned order
Patna High Court CR. MISC. No.31376 of 2025(2) dt.15-05-2025 2/3 clearly suggest that the injury, which is sustained over the head of the informant is found to be simple in nature. All the more, the petitioner bears fair antecedent and there is counter version of the present case being Khizersarai P.S. Case No. 233 of 2019, which has been lodged by co-accused Majit Kumar. It is next contended that now the good sense prevailed between the parties and they do not want to proceed in the matter any further. In fact on account of the compromise entered between the parties, the petitioner failed to approach the Court and thus delay has occurred.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioner has actively participated in the crime and now he has been evading from the law for the last six years.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the fair antecedent of the petitioner, coupled with the simple injury, let the petitioner above named 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
Patna High Court CR. MISC. No.31376 of 2025(2) dt.15-05-2025 3/3 satisfaction of the learned A.C.J.M. IV, Gaya in connection with Khizersarai P.S. Case No. 232 of 2019, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik 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) shivank/- U T