Ankur Kumar @ Abhay Kumar @ Abhay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45312 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- KATRA District- Muzaffarpur ====================================================== Ankur Kumar @ Abhay Kumar @ Abhay Son of Ajay Kumar @ Ajay Mandal Resident of Village- Dhanaur, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the state.
2. The petitioner apprehends his arrest in connection with Katra P.S. Case No. 58 of 2025 dated 19.03.2025 registered under Sections 126(2) / 115(2) / 109/352(2-4) 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the first information report the informant, on 15.03.2025 at about 9:00 AM, while informant was sitting at his door, all the seven FIR named accused persons including this petitioner came variously armed with lathi and iron rod and started abusing. When the informant protested to it, the accused person, namely, Ajay Mandal along with his son (petitioner herein) inflicted iron rod blow on the head of the informant leading to rupture injury of his head. Other accused persons also assaulted the informant.
Patna High Court CR. MISC. No.45312 of 2025(2) dt.30-07-2025 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and he has not committed any offence in the manner alleged. He submits that the petitioner and the informant are agnates due to which he has falsely been implicated in this case. From perusal of the FIR, it is difficult to make out as to who has given iron rod blow on the head of the informant, was it the petitioner or Ajay Mandal, his father. It has also been averred that there is a counter case bearing Katra PS Case No. 55 of 2025 under Sections 126(2)/ 115(2)/ 109/351(24) 3(5) BNS and 3(i) (r) SC/ST Act filed by the petitioner's side regarding molestation of the sister of one of the FIR named accused persons, namely, Rajan Kumar against the informant side. Lastly, the petitioner claims to have clean antecedent.
5. Learned State counsel, on the other hand, vehemently opposed the prayer for anticipatory bail of the petitioner and submits that as per injury report, the injury sustained by the informant is found to be grievous in nature and it was on the vital part of the body which could have been fatal and dangerous to life. As such, the petitioner does not deserve the privilege of anticipatory bail.
6. Regard being had to the submissions of the parties and taking into consideration the nature of injury inflicted upon
Patna High Court CR. MISC. No.45312 of 2025(2) dt.30-07-2025 3/3 the informant causing rupture on the head and the same has been found to be grievous in nature, no relief can be extended to the petitioner. The same is, hereby, rejected. (Anil Kumar Sinha, J) perwez U T