Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56692 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- MOKAMAH District- Patna ====================================================== 1.
Karan Kumar S/O Mukesh Singh @ Mukesh Kumar R/O VillageChhatarpura, P.S.- Mokama, District- Patna 2.
Ranjesh Kumar @ Anjesh Kumar S/O Mukesh Singh @ Mukesh Kumar R/O Village- Chhatarpura, P.S.- Mokama, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Kumar, Advocate For the State :
Mr.Kumar Veerendra Narayan, APP For the Informant :
Ms. Kumari Pallavi, Advocate Mr. Manoj Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 115(2), 109(1), 352, 351(2), 3(5) of BNS.
3. The case of prosecution is that upon a dispute with regard to plucking of drum-stick which was being done by the petitioners and other accused persons without the permission of the Informant, the informant was assaulted with iron rod by Karan Kumar (petitioner no. 1) due to which he received injury and further accused Ranjesh Kumar @ Anjesh Kumar (petitioner no. 2) assaulted on the left side of his eyes with hammer while co-
Patna High Court CR. MISC. No.56692 of 2025(2) dt.29-08-2025 2/3 accused Mamta Devi tried to strangulate with an intention to kill him.
4. Learned counsel for the petitioners submit at the outset that the informant is the grandfather of the present petitioners and there is an ongoing dispute in the family with regard to partition of property and a title suit is also pending between them. It is further submitted that as against the allegation of assault by both sides, one lacerated wound has been found on the right parietal region of the head of the informant which is simple in nature. It has been submitted that the petitioners are very young boys having no criminal antecedent and their incarceration would jeopardize their future and would further create bitterness in relation.
5. Learned APP, and the learned counsel appearing for the Informant, oppose the grant of anticipatory bail on account of the fact that there is allegation against these petitioners of assaulting the informant.
6. Taking into consideration the rival contentions and also in the backdrop of young age of the petitioners, pendency of property dispute between the parties and simple nature of single injury found on the person of the informant, let the petitioners, above named, who have no criminal antecedents, in the event of their arrest or surrender before the learned Court below within a
Patna High Court CR. MISC. No.56692 of 2025(2) dt.29-08-2025 3/3 period of four weeks, be released on anticipatory bail in connection with Mokama P.S. Case No. 166 of 2025 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, along with following conditions:- (i) One of the bailors shall be a family member/close relative.
(ii) The petitioners shall cooperate in the investigation/trial and would appear before the investigating officer as and when required and in case of non-cooperation in investigation, the prosecution would be at liberty to file an application of cancellation of their bail.
(iii) The petitioners would not disturb the informant in future and if any serious complaint of assault etc., is made against them, by the informant, the bail bonds of these petitioners would automatically stand cancelled.
(Soni Shrivastava, J) ranjan/- U