Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33216 of 2025 Arising Out of PS. Case No.-500 Year-2022 Thana- BIHTA District- Patna ====================================================== Niraj Kumar S/O Ramji Ray R/O village and Post - Anandpur, P.S.- Bihta, District- Patna, Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Kumar, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection Bihta P.S. Case No. 500 of 2022 registered for the offences punishable under Sections 341, 323, 307, 379, 506/34 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to assault the informant by using knife causing head and bodily injury along with other co-accused persons, with an intention to cause his death.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.33216 of 2025(2) dt.20-05-2025 2/3 petitioner submitted that allegation against the petitioner is to assault the informant by using knife and, if it was so, then, certainly the injury upon the injured/informant must be of incised wound, but upon medical examination, it was found Contused Lacerated Wound (in short 'CLW'). It is submitted that in view of same, allegation appears false on its face and, moreover, nature of injury, upon medical examination, found simple in nature, negating the intention of petitioner as to cause death of the informant. It is further submitted that petitioner is a man of clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as injury, upon medical examination of the injured/informant, found simple in nature, negating prima-facie intention to cause death of the informant, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of

Patna High Court CR. MISC. No.33216 of 2025(2) dt.20-05-2025 3/3 the like amount each to the satisfaction of learned A.C.J.M.- II, Civil Court, Danapur, in connection with Bihta P.S. Case No. 500 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T