Pawan Kumar @ Pawan Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 56132 of 2025 Arising Out of PS. Case No.-135 Year-2024 Thana- Safiyasarai District- Munger ====================================================== 1.
Pawan Kumar @ Pawan Kumar Sah S/O Late Nand Kishore Sah Residence of Vill.- Parham, P.S.- Safiasarai, Dist.- Munger. 2.
Rajeev Kumar S/O Late Nand Kishore Sah Residence of Vill.- Parham, P.S.- Safiasarai, Dist.- Munger.
3.
Ranjeet Kumar S/O Late Nand Kishore Sah Residence of Vill.- Parham, P.S.- Safiasarai, Dist.- Munger.
4.
Shiv Kumar S/O Late Nand Kishore Sah Residence of Vill.- Parham, P.S.- Safiasarai, Dist.- Munger.
5.
Krishna Kumar @ Suraj Kumar S/O Late Kusheshwar Sah @ Kusheshwar Sao Residence of Vill.- Parham, P.S.- Safiasarai, Dist.- Munger. 6.
Saheb Kumar S/O Late Kusheshwar Sah @ Kusheshwar Sao Residence of Vill.- Parham, P.S.- Safiasarai, Dist.- Munger. 7.
Hare Ram Kumar S/O Late Kusheshwar Sah @ Kusheshwar Sao Residence of Vill.- Parham, P.S.- Safiasarai, Dist.- Munger. 8.
Balram Kumar @ Balram Sah S/O Late Kusheshwar Sah @ Kusheshwar Sao Residence of Vill.- Parham, P.S.- Safiasarai, Dist.- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Gupta, Advocate For the Opposite Party/s :
Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 191(2), 126(2), 115(2), 110/74, 303(2), 352, 351(2) of the BNS corresponding to sections 147, 341, 323, 308,354, 379, 504 and 506.
Patna High Court CR. MISC. No. 56132 of 2025(2) dt.29-08-2025 2/3
3. Allegation in the FIR is that as many as 14 accused persons came variously armed to the field of the informant and indulged in assaulting the informant and various other members of the family.
4. Learned counsel for the petitioners submit that it would be evident from the FIR that there are general and omnibus allegation upon the accused persons including the present petitioners and specific allegation is upon Mantu Kumar Sah and Rampravesh Kumar of having assaulted Kare Lal Sah on his head by means of iron rod. However, the said Kare Lal Sah has also received simple injury along with the other injured persons of this case and the injury report of all the injured persons has been brought on record by way of Annexure-6 series showing the injuries in the nature of abrasion, laceration and complain of pain etc. It is further submitted that there is case and counter case with regard to the occurrence which happened on the same date and the counter case has also been brought on record by way of Annexure-2, which appears to be earlier in point of time. Injuries have also been sustained on the side of the petitioners and the same has also been brought on record by way of Annexure-7, and it is further submitted that there is land dispute between the parties.
5. Learned APP, however, opposes the grant of
Patna High Court CR. MISC. No. 56132 of 2025(2) dt.29-08-2025 3/3 anticipatory bail.
6. Considering the facts and circumstances of the case and also considering that there is case and counter case and moreover the injuries sustained on the side of the informant are all simple in nature, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Safiasarai P.S. Case No. 135 of 2024 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 Court below, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J) ranjan/- U