Bishwakarma Kumar @ Bishwakarma Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44711 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Bishwakarma Kumar @ Bishwakarma Kumar Singh S/o Karu Singh @ Sanjay Singh R/o vill - Shahpur, P.S. - Shambhuganj, Distt.- Banka 2.

Raja Singh @ Raja Kumar S/o Karu Singh @ Sanjay Singh R/o vill - Shahpur, P.S. - Shambhuganj, Distt.- Banka 3.

Karu Singh @ Sanjay Singh S/o Late Kesori Prasad Singh R/o vill - Shahpur, P.S. - Shambhuganj, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Puja Kumari, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Shambhuganj P.S. Case no. 33 of 2025 instituted for the offence under Sections 126(2), 115(2), 303(2), 109, 352, 351(2), 3 (5) of the BNS.

3. The case of the prosecution is that on 05.02.2025 at about 7:00 P.M., the petitioner along with other accused persons snatched the golden locket from the informant's brother as well as abused and assaulted him with 'Dubiya' and other

Patna High Court CR. MISC. No.44711 of 2025(2) dt.18-07-2025 2/3 deadly weapons caused head injury. From perusal of the FIR, it appears that the specific allegation is against co-accused, Prince Kumar, who assaulted with 'Dubiya' on the head of the Bittu Kumar. Further allegation is against Raja Singh @ Raja Kumar that he assaulted with 'iron rod' on the head of the informant.

4. Learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that in this case Prince Kumar is not the petitioner and so far as Raja Singh @ Raja Kumar is concerned, though there is allegation against him is that he has assaulted with 'iron rod', a bare perusal of the injury report, it will transpire that only Bittu Kumar has received injury. From perusal of the order of the trial Court also, it will transpire that there is only one injury report. There is general and omnibus against other accused persons.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioners.

6. 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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest

Patna High Court CR. MISC. No.44711 of 2025(2) dt.18-07-2025 3/3 or surrender in connection with Shambhuganj P.S. Case no. 33 of 2025, they 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 Chief Judicial Magistrate, Banka subject to the conditions as laid down under section 482(2) of the BNSS.

(Ashok Kumar Pandey, J) Jagdish/- U T