Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37301 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

Gautam Kumar S/o Late Vishundev Mandal @ Vishnudev Mandal Resident of Village- Baikunthpur, PS- Sultanganj, District- Bhagalpur 2.

Uttam Kumar S/o Late Vishundev Mandal @ Vishnudev Resident of Village- Baikunthpur, PS- Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankit Raj, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioners submits that petitioner no. 2, namely, Uttam Kumar has been arrested during the pendency of this anticipatory bail application, as such, he wants to withdraw this anticipatory bail of petitioner no. 2.

3. Accordingly, anticipatory bail application is dismissed as withdrawn in so far as it relates to petitioner no. 2, namely, Uttam Kumar.

4. The anticipatory bail application, now, confines to petitioner no. 1 only.

5. The petitioner no. 1 is apprehending his arrest in

Patna High Court CR. MISC. No.37301 of 2025(2) dt.25-06-2025 2/3 connection with Sultanganj P.S. Case No. 04 of 2025 for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 74, 303(2), 352, 109(1) and 333 of the Bharatiya Nyaya Sanhita, 2023.

6. On the alleged date and time of occurrence, the petitioner no. 1 and other named accused entered into the house of the informant with lathi and other weapons and started assaulting her and her children. They hit on the head of the informant due to which she sustained head injury. They also beat her daughter. Further, petitioner no. 1 is said to have assaulted the informant and tried to strangulate her with his leg.

7. Learned counsel for the petitioner no. 1 submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that that the nature of injury is simple in nature. It is also submitted that both the sides are neighbours. It is further submitted that there is no specific allegations against the petitioner no. 1, rather, the allegation is general and omnibus. Lastly, it has been submitted that he has no criminal antecedents.

8. Learned A.P.P. has opposed the prayer for bail of the petitioner no. 1.

9. Having considered the facts and circumstances of

Patna High Court CR. MISC. No.37301 of 2025(2) dt.25-06-2025 3/3 the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner no. 1, namely, Gautam Kumar within a period of six weeks from today, in connection with Sultanganj P.S. Case No. 04 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Bhagalpur subject to condition as laid down under Section 482(2) of the BNSS.

(Khatim Reza, J) prabhat/- U T