Aakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38345 of 2025 Arising Out of PS. Case No.-418 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== Aakash Kumar, son of Ram Khelawan Paswan, Village- Mathgulni P.S.- Pakribarawan, District- Nawadah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pakribarawan P.S. Case no. 418 of 2024 instituted for the offence under Sections 126(2), 115(2), 351(2), 352, 109, 3(5) of the BNSS.
3. As per allegation in the FIR, when the informant along with his friend namely Awadhesh Yadav were returning from a program in the night, petitioner along with 10 other accused persons intercepted them and started abusing. Coaccused Abhishek Kumar assaulted the informant on his forehead by means of khanti due to which he sustained injury
Patna High Court CR. MISC. No.38345 of 2025(2) dt.04-07-2025 2/3 and co-accused Uttam Kumar assaulted on his hand by means of iron rod causing injuries on his left hand and when his friend Awadhesh Yadav came to save him he was also assaulted by the accused persons and sustained injuries.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is no specific allegation of assault against the petitioner rather allegation of assault is against coaccused Abhishek Kumar and Uttam Kumar. Three co-accused persons including Uttam Kumar, have already been granted bail by a coordinate Bench of this Court vide order dated 15.02.2025 passed in Cr. Misc. No. 5564 of 2025. He has got no criminal antecedent.
5. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Pakaribarawan P.S. Case no. 418 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Nawada subject to the
Patna High Court CR. MISC. No.38345 of 2025(2) dt.04-07-2025 3/3 conditions as laid down under section 482 of the B.N.S.S. (S. B. Pd. Singh, J) sushma/- U