Amod Kumar @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30903 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- Amhara P.S. (I.I.T.A. Bihta) District- Patna ====================================================== Amod Kumar @ Pawan Kumar S/o Sri Tapeshwar Singh R/o Village- Dihri, P.S.- I.I.T. Amhara, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP For the Informant :

Mr. Ravi Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner, Mr. Ravi Shankar, learned counsel representing the informant beside Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner is apprehending arrest in connection with I.I.T. Amhara P.S. Case No. 36 of 2025 instituted under Sections 126(2), 115(2), 118(1), 109, 3(5) of the BNS,2023 and sections 339, 321, 324, 304/34 of the Indian Penal Code besides 37(C) of the Bihar Prohibition and Excise lodged on 15.03.2025 by the informant, Manish Kumar.

3. As per the prosecution story, the informant alleged while sitting with his partner, the accused persons named came and this petitioner gave knife blow causing injury to his brother

Patna High Court CR. MISC. No.30903 of 2025(2) dt.20-05-2025 2/2 who was immediately shifted to Hospital. This led to the FIR.

4. Learned Senior Counsel for the petitioner submits that the injury sustained by the petitioner is only 2 cm x1 cm x 1/2 cm which cannot be in the category of grievous injury.

5. Learned counsel representing the informant on the other hand has taken this Court to the report of Netaji Subhas Medical College & Hospital, Amhara, Bihta, Patna to show that the stab wound was near the left lower chest wall and as such the wound has been found to be grievous in nature. He has also taken to this Court to the learned Sessions Judge order to show that in the anticipatory bail filed before the Court, the fact that he is involved in three more criminal cases was concealed.

6. Considering the submissions of the parties as also the material that are on record coupled with the fact that has been narrated by the informant side, it would be appropriate that the petitioner seek bail.

7. The anticipatory bail application stands rejected. (Rajiv Roy, J) Ravi/- U T