Aayush @ Harshit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36061 of 2025 Arising Out of PS. Case No.-242 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== Aayush @ Harshit Raj S/O Mukesh Kumar R/O PNT Colony, Kidwaipuri, P.S- Buddha Colony, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-06-2025 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Uday Pratap Singh, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Buddha Colony P.S. Case No. 242 of 2023 registered under Sections 341, 323, 325, 308, 504, 506, 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner, along with other accused persons, assaulted informant's brother causing him grievous injury on his nose.

4. Learned counsel appearing on behalf of the petitioner submitted that the FIR is of year 2023 and there was no apprehension of arrest. The allegation, as alleged against the petitioner, is due to previous enmity and no such incidence has

Patna High Court CR. MISC. No.36061 of 2025(2) dt.25-06-2025 2/3 taken place. The injury which is on the nose of the informant's brother, though is grievous in nature, but the injury report creates doubt as it was furnished after eight months from the date of alleged incident and the same has been prepared by a private hospital. In this background, learned counsel submits that the petitioner, who is having clean antecedent, is a B. Tech. student in J.B. Institute of Techonolgy, Dehradun and on these grounds, he seeks to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.

7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court 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 - XIV, Patna in connection with Buddha Colony P.S. Case No.

Patna High Court CR. MISC. No.36061 of 2025(2) dt.25-06-2025 3/3 242 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T