Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46149 of 2025 Arising Out of PS. Case No.-420 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Bhushan Kumar Son of Laxami Sah @ Laxmi sah Resident of Village - Hanuman Nagar, P.S. - Dhaka, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2025 Heard Mr. Madhurendra Kumar, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Banjariya P.S. Case No. 420 of 2024, F.I.R. dated 17.12.2024 registered for the offences punishable under Sections 126(2), 191(2), 190, 115(2), 118(1), 117(2), 74, 109, 303(2), 352 of the B.N.S., 2023.

3. Allegation against the petitioner is that he has assaulted the son of the informant due to which he sustained grievous injury.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

Patna High Court CR. MISC. No.46149 of 2025(2) dt.31-07-2025 2/3 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and as per allegation in the F.I.R. the petitioner has assaulted the son of the informant namely Guddu Kumar and he has received injury and co-accused persons namely Raja Kumar and others have been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 22.05.2025 passed in Cr. Misc. No. 32971 of 2025.

5. Learned APP for the State, on the other hand, opposed the prayer for anticipatory bail of the petitioner and submits that from perusal of the F.I.R. it appears that there is direct and specific allegation against the petitioner that he has assaulted the son of the informant namely Guddu Kumar and he has received injury and the injury report of said Guddu Kumar suggests that the injury is grievous in nature.

6. Considering the aforesaid facts and circumstances of the case as well as there is direct and specific allegation against the petitioner in the F.I.R. and the injury report of the injured person is grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Banjariya P.S. Case No. 420 of 2024 pending in the Court

Patna High Court CR. MISC. No.46149 of 2025(2) dt.31-07-2025 3/3 of learned Chief Judicial Magistrate, East Champaran, Motihari.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T