Sanket Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38995 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Sanket Kumar S/o Sri Ramesh Paswan @ Rameshi Paswan R/o VillageKhajuri, Dihara, P.S.- Naubatpur, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39047 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Lilawati Devi Wife of Sri Ramesh Paswan D/o Sri Prayag Paswan, Resident of village- Khajuri, Dihara, P.S.- Naubatpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38995 of 2025) For the Petitioner/s :
Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP (In CRIMINAL MISCELLANEOUS No. 39047 of 2025) For the Petitioner/s :
Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Since both the cases mentioned above arise out of the same police station case, hence, on the prayer of learned counsel
2/4 for the petitioner, they are taken up and heard together.
2. Heard learned counsel for the petitioner and learned APP for the State in both the aforementioned cases.
3. The petitioner in both the cases is apprehending arrest in connection with Naubatpur P.S. Case No. 34 of 2025, registered on 13.01.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, and 3(5) of the B.N.S. Act, 2023.
4. As per the prosecution, the F.I.R. has been lodged against three named accused persons, including the petitioners, alleging that all the accused persons assaulted the informant's husband and son. It is specifically alleged that co-accused Rameshi Paswan assaulted the informant's husband with an iron rod on his head, whereas the petitioners, who are the son and wife of the said co-accused, are alleged to have assaulted the informant's son.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence. Their antecedents are clean. It is further submitted that the petitioner in Criminal Miscellaneous No. 38995 of 2025 is a student, and the petitioner in Criminal Miscellaneous No. 39047 of 2025 is a lady aged about 50 years. Even assuming the
3/4 prosecution version to be true, there is no specific allegation against the petitioners; rather, the allegation of assault with an iron rod has been specifically attributed to co-accused Rameshi Paswan. It is also submitted that the petitioner in Criminal Miscellaneous No. 38995 of 2025 was not present at the place of occurrence on the alleged date and time and has produced a certificate to show that he was in a library at the relevant time. The petitioners undertake to abide by any conditions imposed upon them.
6. Learned APP for the State vehemently opposes the prayer for bail and submits that there are specific allegations against all the accused persons, and it is particularly alleged that one of the accused assaulted the victim with an iron rod, who later succumbed to the injuries.
7. In the aforesaid background, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners in connection with Naubatpur P.S. Case No. 34 of 2025, pending before the learned ACJM-VI, Danapur, Patna, stands rejected.
8. However, if the petitioners surrender before the Trial Court within six weeks from today, the Trial Court shall consider their surrender-cum-bail applications and pass
4/4 appropriate orders on the same day, without being influenced by the rejection of their anticipatory bail by this Court. (Dr. Anshuman, J) Ashwini/- U T