Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37532 of 2026 Arising Out of PS. Case No.-107 Year-2026 Thana- PAROO District- Muzaffarpur ====================================================== 1.

Ajay Kumar S/O Anirudda Kumar R/O Village- Gayaspur, P.S- Paru (Paroo), Distt.- Muzaffarpur.

2.

Manish Kumar @ Sudhanshu @ Sudhanshu Raj S/O Ajay Kumar R/O Village- Gayaspur, P.S- Paru (Paroo), Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP Mr. Sumit Jha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-06-2026 1.

Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2.

Learned counsel for the petitioners, after arguing some time, seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 2, (Manish Kumar @ Sudhanshu @ Sudhanshu Raj).

3.

Permission is accorded.

4.

Accordingly, the anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 2, (Manish Kumar @ Sudhanshu @ Sudhanshu Raj).

5.

The petitioner no. 1 apprehends his arrest in a case

Patna High Court CR. MISC. No.37532 of 2026(2) dt.18-06-2026 2/3 registered for the offences punishable under Sections 126(2), 115(2), 317(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

6.

Learned counsel for the petitioner submits that petitioner no. 1 is a person with clean antecedent and the informant alleges that on hearing alarm he came out of the house and saw his agnates having an altercation with his aunt (chachi) on account of dispute relating to land, further Manish assaulted his aunt by an iron rod causing injury on head and when informant came to save her, Manish assaulted him by rod causing injury on temple while petitioner assaulted Sunny by iron rod causing injury on head while Manish and Anish assaulted Sunny by bamboo causing fracture of shoulder and when people gathered, accused fled threatening. 7.

Learned counsel for the petitioner submits that from perusal of the allegations as alleged in the FIR, it would manifest that thrust of allegation is against Manish. It is next submitted that petitioner is alleged to have assaulted Sunny by an iron rod but then the injury has been opined to be simple in nature and the blow is not alleged to have been repeated, while one of the injuries of Sunny, i.e., fracture of shoulder, has been opined to be grievous in nature, but allegation of assault is

Patna High Court CR. MISC. No.37532 of 2026(2) dt.18-06-2026 3/3 against Manish.

8.

Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that the injury suffered by Sunny on account of assault by petitioner has been opined to be simple and fracture of shoulder alleged to have been caused on account assault by Manish and Anish has been opined to be grievous in nature.

9.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no. 1 above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Paru (Paroo) P.S. Case No. 107 of 2026, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T