Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37485 of 2026 Arising Out of PS. Case No.-7 Year-2026 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.
Niraj Kumar S/O Surendra Gond Resident of Village and P.O.- Ahirauli, Dalsagar, Police station- Buxar (Ind.), Disttrict- Buxar. 2.
Rahul Yadav S/O Jitendra Yadav Resident of Village and P.O.- Ahirauli, Dalsagar, Police station- Buxar (Ind.), Disttrict- Buxar. 3.
Hariom Choubey S/O Munna Chaubey Resident of Village and P.O.- Ahirauli, Dalsagar, Police station- Buxar (Ind.), Disttrict- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Kanhiya Kishore, APP For the Informant : Ms. Rupa Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners after some argument seeks permission to withdraw the anticipatory bail application with respect to petitioner no.3, namely, Hariom Choubey.
3. Permission is accorded.
4. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115 (2), 352, 333, 324(4), 117(2), 74, 109(1) and 3(5) of the B.N.S.
5. Learned counsel for the petitioners submits that
2/4 petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of one case and the informant alleges that on 12.01.2026, 10 named accused persons including the petitioners came to her house as would manifest from CCTV footage and started abusing her husband, further Munna along with his sons Kartik and Hariom assaulted her husband by bricks, lathi and danda causing injury on head and one eye got damaged, thereafter the accused persons started pelting stones and assaulted by lathi and danda and when her daughter-in-law tried to save the victim, she was also assaulted, further the accused while fleeing took away the CCTV.
6. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that no doubt husband of the informant suffered grievous injury but then from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assaulting the husband of the informant is against Munna Choubey, Kartik and Hariom. It is further submitted that as far as petitioners are concerned, the allegation against them is general and omnibus in nature. It is further submitted that even injury suffered by the daughter-in-law of the informant is simple in nature. It is thus submitted that it does not appear probable
3/4 that had so many accused assaulted the daughter-in-law of the informant, in that event, she would have suffered simple injury. It is also submitted that from side of the petitioners, Industrial P.S. Case No.8/2026 dated 13.01.2026 was instituted against the informant and her side. It is also submitted that if privilege of anticipatory bail is granted to the petitioners, the petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
7. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that specific allegation of assaulting the husband of the informant is against Munna, Hariom and Kartik and also that injury suffered by the daughter-in-law has been opined to be simple in nature.
8. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned
4/4 trial court where the case is pending/successor court in connection with Buxar (Industrial) P.S. Case No.07/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J) amit/- U T