Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53499 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Abhishek Kumar S/o Raj Kumar Prasad R/o Village- Vishunpur, PS- Rampur Hari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-08-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2)(3) and 3(5) of the BNS.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he was putting manure in his field when accused persons came and petitioner assaulted him by knife causing injury on head.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that on account of dispute relating to land an altercation had taken place in which both sides assaulted each other. It is next submitted that though it is alleged that petitioner assaulted the informant by knife but then from perusal of the order impugned, it would manifest that the same records that the injury

Patna High Court CR. MISC. No.53499 of 2025(2) dt.19-08-2025 2/2 suffered by the injured is lacerated wound. It is thus submitted that had the petitioner assaulted the informant by knife in that event the wound would have been incised, as such, the allegation of assault by knife stands belied. It is also submitted that Rampur Hari P.S. Case No. 66 of 2025 has been instituted by the side of the petitioner against the informant and others by mother of the petitioner. It is submitted that the injury suffered by the injured is simple in nature.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, taking into consideration the fact that the wound is not incised and the petitioner is a person with clean antecedent as well as the injury is simple in nature, let the petitioner above-named, in the event of his 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) 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 Rampur Hari P.S. Case No. 50 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T