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Patna High CourtCR. MISC./49471/2025bail granted

Neeraj Kumar v. The State Of Bihar

2025-08-11Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49471 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Neeraj Kumar S/O Ajeet Kumar @ Ajit Kumar Das R/O Vill.- Gadhi Bishanpur, P.S. and Dist.- Lakhisarai.

2.

Ajeet Kumar Das S/O Late Palakdhari Das R/O Vill.- Gadhi Bishanpur, P.S. and Dist.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2025

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 303(2), 118(1), 109, 352, 351(2), 324(4) and 3(5) of the BNS.

3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases and petitioner no. 2 has antecedent of five cases and the informant alleges that Sonu Kumar @ Chhotu along with the accused persons and other family members came armed with lathi, danda and knife and assaulted the informant and snatched gold chain worth ten

Patna High Court CR. MISC. No.49471 of 2025(2) dt.11-08-2025 2/3 grams and cash Rs.2,000/- from his pocket. The informant next alleges that when the informant went to the Sadar Hospital, Lakhisarai for his treatment then Sonu Kumar assaulted the informant by stone causing injury on his head.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that petitioners and the informant are co-villagers and are having dispute. It is next submitted that some of the cases instituted against the petitioners have been instituted from the side of the informant. It is also submitted that even presuming what has been alleged is true without admitting then specific allegation of assaulting the injured is against Sonu Kumar but then the Doctors have opined the injury to be simple caused by hard blunt substance.

5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioners but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioners that the Doctors have opined the injury to be simple caused by hard blunt substance.

6. At this stage, learned counsel appearing on behalf of the informant submits that if the privilege of anticipatory bail

Patna High Court CR. MISC. No.49471 of 2025(2) dt.11-08-2025 3/3 is granted to the petitioners, the petitioners may abscond on which learned counsel for the petitioner submits that petitioners will not abscond rather will co-operate in the investigation to prove their innocence.

7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Lakhisarai P.S. Case No. 119 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. However, if the investigating officer of the case files an application before the learned trial court bringing to its notice that the petitioners despite giving assurance to this Court are not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. (Satyavrat Verma, J) Kundan/- U T