Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50365 of 2025 Arising Out of PS. Case No.-385 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

Nitesh Kumar S/O Dinesh Yadav Resident Of Village- Salonepur Milky Tola, P.S- Hussainganj, Distt.- Siwan, Bihar. 2.

Vivek Kumar S/O Dinesh Yadav Resident Of Village- Salonepur Milky Tola, P.S- Hussainganj, Distt.- Siwan, Bihar.

3.

Pramod Kumar @ Munshi @ Pramod Kumar Yadav S/O Shankar Yadav Resident Of Village- Salonepur Milky Tola, P.S- Hussainganj, Distt.- Siwan, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with regard to petitioner no. 2 as he has already been arrested during pendency of the case.

2. Permission is granted.

3. This anticipatory bail application with regard to petitioner no. 2 is, accordingly, dismissed as withdrawn.

4. Heard learned counsel for the petitioners and the State.

5. Petitioner nos. 1 & 3 apprehend arrest in a case registered for the offences punishable under Sections 191(2),

Patna High Court CR. MISC. No.50365 of 2025(2) dt.19-08-2025 2/3 190, 115(2), 118(1), 109 of the Bharatiya Nyaya Sanhita.

6. As per prosecution case, on 03.11.2024 at about 4 PM, when son of the informant was returning home after buying vegetables, all the F.I.R. named accused persons, including these petitioners, surrounded and assaulted him by means of iron rod, lathi, danda.

7. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Allegation of assault against these petitioners is general and omnibus and there is no specific allegation of overt act against them. Injuries allegedly caused by these petitioners are simple in nature.

8. Learned A.P.P. for the State vehemently opposed the bail application.

9. Considering the nature of accusation and simple injuries, this anticipatory bail is allowed and it is ordered that let the above named petitioner nos. 1 & 3 in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Siwan in connection with Hussainganj P. S. Case No. 385 of

Patna High Court CR. MISC. No.50365 of 2025(2) dt.19-08-2025 3/3 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T