Kumar Kishorekant @ Kishorkant v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35045 of 2025 Arising Out of PS. Case No.-1090 Year-2024 Thana- AGAMKUAN District- Patna ====================================================== Kumar KishoreKant @ Kishorkant S/o Awadh Kishore Singh, R/o Maurya Bihar Colony, Transport Nagar Kumrar, P.S.- Agamkuan, Dist- Patna. Permanent, R/o of Vill- Hansadih, P.S.- Masaurhi, Distt- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gautam, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Agamkuan P.S. Case No. 1090 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 118, 303(2), 109, 352, 351(2) and 3(5) of the BNS.
3. On the fateful day, while the informant was going through his pick-up van, in the meanwhile, a pet dog of the petitioner came under the vehicle and got injured. On account of the aforesaid reason, people surrounded the informant and it is specifically alleged that the petitioner along with his renter assaulted him by means of iron rod and inflicted knife blow on his nose due to which he suffered serious injury. It is further
Patna High Court CR. MISC. No.35045 of 2025(2) dt.22-05-2025 2/3 alleged that the petitioner also allowed his other two dogs to bite the informant and further snatched Rs.25,000/- and his golden chain.
4. Learned counsel for the petitioner taking this Court through the FIR has contended that, in fact, on account of the reason as mentioned in the FIR, the nearby people assembled at the place of occurrence and thrashed the informant; however, only on account of the fact that the petitioner happens to be owner of the pet dog, who died in the accident and he scolded the informant, his name has been implicated in this case. It is the fact that the petitioner is a man under constant medical supervision, as he voluntarily donated his kidney to his son. Referring to Annexures-2 and 3 to the bail application, it is also contended that the date on which the occurrence took place, the petitioner was under the medical treatment in Medanta Hospital.
It is further contended that so far the injuries sustained to the informant are concerned, initially when it was examined by the doctor of Government Hospital, NMCH, the injuries were said to be simple in nature. Later on, the informant got his treatment done in a private hospital where the injuries are said to be grievous in nature. Moreover, the injuries as alleged, is caused by two persons i.e.
Patna High Court CR. MISC. No.35045 of 2025(2) dt.22-05-2025 3/3 been specifically asserted that on whose assault he sustained the grievous injury. The petitioner bears fair antecedent.
5. On the other hand, learned counsel for the State opposed the bail application and submitted that the petitioner along with his renter caused grievous injury.
6. Regard being had to the submissions made on behalf of the parties and considering the genesis of the occurrence and the nature of injuries, coupled with the fair antecedent of the petitioner and his medical condition, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City in connection with Agamkuan P.S. Case No. 1090 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) rohit/- U T