Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41516 of 2025 Arising Out of PS. Case No.-83 Year-2017 Thana- CHHATAUNI District- East Champaran ====================================================== Arun Kumar S/O Shambhu Ram Village - Mathiya Zirat, Police Station - Chhatauni District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Chhatauni P S Case No. 83 of 2017 dated 07-04-2017, instituted under Sections 147,148,149,341,323, 447 and 385 of the IPC.

3. There is specific allegation against the petitioner that he is alleged to have assaulted the informant with a hockey stick on various parts of his body. Co-accused Nanhaki Ram is also alleged to have assaulted the informant with a belcha on his head, which was warded off by the informant with his hand, due to which the informant sustained a cut injury on his hand and blood started oozing out.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the injury report of the

Patna High Court CR. MISC. No.41516 of 2025(2) dt.09-07-2025 2/2 informant, annexed as Annexure P/2, reveals that only one injury was found on his person, which has been specifically attributed to co-accused Nanhaki Ram. It is also submitted that although the charge-sheet has been filed under bailable sections but cognizance has been taken under Section 326 along with other sections of the Indian Penal Code. The petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on 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 Chief Judicial Magistrate, Motihari, East Champaran, in Chhatauni Muffasil P S Case No. 83 of 2017, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed (Khatim Reza, J) shyambihari/- U