Shivratan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35029 of 2025 Arising Out of PS. Case No.-477 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Shivratan Kumar S/O Nand Kishor Prasad R/O village- Dudhpura Chhoti Bajar, Ward no.15. P.S.- Mufassil, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Muffasil P.S. Case No. 477 of 2022, lodged on 22.10.2022, under Sections 341/323/337/338/ 307 /379 / 384/385/504/506/34/120B of the Indian Penal Code, pending in the Court of A.C.J.M.-II, Samastipur.
3. As per the prosecution, FIR has been lodged against three named and three to four unknown accused persons with allegation that they assaulted the informant with brick and
Patna High Court CR. MISC. No.35029 of 2025(3) dt.20-08-2025 2/2 snatched away bag containing ornaments.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that due to land dispute the petitioner has falsely been implicated in this case. He submits that the informant is the agnate and next door neighbour of the petitioner. Counsel submits that antecedent of the petitioner is clean and he ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner is named in the FIR.
6. Considering the nature of allegation against the petitioner, the prayer for anticipatory bail of the petitioner is hereby refused. However, in the event of surrender of the petitioner within six weeks from today, the prayer for regular bail shall be considered on its own merit on the same day without being prejudiced by the order of this Court. (Dr. Anshuman, J) Mkr./- U T