Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 45000 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Sintu Kumar S/o Pawan Yadav R/o vill - Garhi Bishanpur, P.S - Lakhisarai, Distt.- Lakhisarai 2.

Bittu Kumar S/o Pawan Yadav R/o vill - Garhi Bishanpur, P.S - Lakhisarai, Distt.- Lakhisarai 3.

Sittu Kumar s/o Pawan Yadav R/o vill - Garhi Bishanpur, P.S - Lakhisarai, Distt.- Lakhisarai 4.

Suraj Kumar S/o Sudhir Yadav R/o vill - Garhi Bishanpur, P.S - Lakhisarai, Distt.- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s WITH CRIMINAL MISCELLANEOUS No 68102 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Umesh Yadav @ Mato Yadav S/o- Jagdish Yadav Village- Garhi Bishanpur Ps- Lakhisarai Dist- Lakhisarai 2.

Sudhir Yadav S/o- Jagdish Yadav Village- Garhi Bishanpur Ps- Lakhisarai Dist- Lakhisarai 3.

Pawan Yadav S/o- Jagdish Yadav Village- Garhi Bishanpur Ps- Lakhisarai Dist- Lakhisarai 4.

Raj Kumar S/o- Umesh Yadav @ Mato Yadav Village- Garhi Bishanpur PsLakhisarai Dist- Lakhisarai 5.

Aman Kumar @ Bhale Kumar S/o- Umesh Yadav Village- Garhi Bishanpur Ps- Lakhisarai Dist- Lakhisarai 6.

Roushan Kumar Village- Garhi Bishanpur Ps- Lakhisarai Dist- Lakhisarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No 45000 of 2025) For the Petitioner/s :

Mr.Ram Vinay Prasad Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat (In CRIMINAL MISCELLANEOUS No. 68102 of 2025) For the Petitioner/s :

Mr.Ram Vinay Prasad Singh

2/5 For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR JUSTICE HARISH KUMAR ORAL ORDER 10-11-2025 As both the matters arise out of the same PS, they are being heard together and are being disposed of by this common order.

2 Heard learned advocate for the petitioners, learned advocate for the State as well as the learned advocate for the informant.

3 The petitioners are apprehending their arrest in connection with Lakhisarai PS Case No 73 of 2025 registered for the offence punishable under Sections 126 (2), 115 (2), 119 (2), 190, 109, 352, 351 (2) of the BNS.

4 In the night of the fateful day while the brother of the informant had gone to the shop of Mahangi Saw for purchasing some household articles, all the FIR named accused persons including the petitioners armed with lathi, danda and iron rod came near the shop and started abusing and assaulting the informant's brother. On hulla being made, the informant went towards the place of occurrence. In the meanwhile, other co-accused persons along with 10 - 15 unknown persons also came there and assaulted the informant with lathi, danda, fists and slaps. There is further allegation that the family members

3/5 of the informant were also beaten by the petitioners. 5 Learned advocate for the petitioners submitted that there is counter version of the present case being Lakhisarai PS Case No 74 of 2025. The incident took place on the premise of land dispute and because of the aforesaid reason, the series of FIRs have been instituted by the informant side is the contention of the learned counsel for the petitioners. Both the parties are agnates and they are bickering over the land dispute. The petitioners are innocent having tender age; they undertake before this Court that they will fully participate in the proceedings of the Court.

6 On the other hand, learned advocate for the informant vehemently opposed the bail applications and submits that the petitioners, in Cr Misc No 45000 of 2025, have suppressed their criminal antecedents and not disclosed in paragraph 3 of the petition that they are carrying criminal cases over their head. The injury report clearly suggests that the informant was brutally assaulted due to which he sustained six injuries out of which two of them have been found to be grievous in nature. It is further contended that the audacity of the petitioners are writ large that on 24.07.2025, this Court had granted interim protection in favour of the petitioners but all the

4/5 petitioners have again assaulted the other family members of the informant leading to institution of Lakhisarai PS Case No 486 of 2020 dated 20.10.2025. It is further contended that in fact the petitioners though are of tender age but they are terror of the locality and all the more, petitioners No 1 to 4 of Cr Misc No 68102 of 2025 are concerned, they are facing three criminal antecedents whereas petitioner No 6 is facing one criminal antecedent and so far as petitioner No 5 is concerned, he has no criminal antecedent.

7 Learned advocate for the State also vehemently opposed the bail applications.

8 Having considered the nature of allegation, besides the grievous injuries coupled with the fact that the petitioners of Cr Misc No 68102 of 2025 have suppressed the criminal antecedent and despite the interim protection extended by the Court, the petitioners have misused the judicial trust, rather respected and have indulged in further crime, this Court is not acceded to the prayer of anticipatory bail.

9 Accordingly, the prayer for anticipatory bail of all the petitioners stands rejected.

10 The petitioners are directed to surrender before the Court below preferably within a period of four weeks from

5/5 today.

11 In case the petitioners surrender before the jurisdictional Court, preferably within a period of four weeks, the learned Court below shall consider their prayer for bail expeditiously.

(Harish Kumar, J) M.E.H./- U