Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40396 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- SIKANDRA District- Jamui ====================================================== 1.
Arvind Saw @ Arvin Kumar @ Arvindra Saw S/o Yadunandan Shaw Resident of village- Navwadih, P.S.- Sikandra, Dist- Jamui 2.
Abhishek Kumar @ Abhishek Ratan S/o Arvind Saw @ Arvindra Saw Resident of village- Navwadih, P.S.- Sikandra, Dist- Jamui 3.
Prafful Kumar @ Praful Kumar S/o Arvind Saw @ Arvindra Saw Resident of village- Navwadih, P.S.- Sikandra, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40426 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- SIKANDRA District- Jamui ====================================================== Abhay Kumar S/O Dilip Mistri Resident Of Village- Nauadih ,P.S- Sikandra , District -Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 40396 of 2025) For the Petitioner/s :
Mr. Niranjan Parihar, Advocate For the Opposite Party/s :
Ms. Madhuri Lata, APP Mr.Parmanand Pd. Nr. Sahi, Advocate Mr. Birendra Kumar Tiwary, Advocate (In CRIMINAL MISCELLANEOUS No. 40426 of 2025) For the Petitioner/s :
Mr. Niranjan Parihar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP Mr.Parmanand Pd. Nr. Sahi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2025
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection
2/4 with Sikandra P.S. Case no. 105 of 2025, registered under sections 191(2), 191(3), 190, 126(2), 115(2), 109, 329(4), 196, 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the accused persons including the petitioners herein are said to have come variously armed and of having abused and assaulted the informant and others. The petitioner no.1 is said to have assaulted the son of the informant with an iron rod on his head. Further, co-accused Abhay Kumar one of the petitioners herein is said to have assaulted the daughter of the informant with a sabbal on her head.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The so called injuries have been found to be simple in nature. The petitioners have no criminal antecedent and undertake to cooperate in the investigation.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that while the petitioner no.1 is said to have assaulted the son of the informant with an iron rod on his head, from the injury report it would transpire that multiple injuries have been found on the parietal region of the injured. It is further submitted that so far as the petitioner
3/4 Abhay Kumar is concerned, he is said to have assaulted the daughter of the informant with a sabbal on her head. This allegation is also substantiated from the contents of the injury report wherein lacerated wound on the right frontal region has been found.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner no.1 Arvind Saw @ Arvin Kumar @ Arvindra Saw and the petitioner Abhay Kumar of having assaulted the son and daughter of the informant with an iron rod and sabbal on their head together with corresponding injuries having been found, in the facts of the case, the Court is not inclined to enlarge these two petitioners on anticipatory bail and the application is rejected.
7. Both the petitioners Arvind Saw @ Arvin Kumar @ Arvindra Saw and Abhay Kumar are directed to surrender in the learned Court below within a period of four weeks.
8. In the facts and circumstances of the case, the nature of allegation and the petitioner nos. 2 and 3 not having any criminal antecedent, it is directed that the petitioner no.2 Abhishek Kumar @ Abhishek Ratan and petitioner no.3 Prafful Kumar @ Praful Kumar, in the event of their arrest or surrender
4/4 before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sikandra P.S. Case no.105 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui.
(Partha Sarthy, J) Shiv/- U T