Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59027 of 2025 Arising Out of PS. Case No.-191 Year-2025 Thana- HISUWA District- Nawada ====================================================== Chandan Kumar S/o Umakant Singh R/o Tungi, P.S- Hisua, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Informant :

Mr. Santosh Kr. Pandey, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2025 Heard learned Counsel for the petitioner, learned counsel for the Informant and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Hisua Police Station Case No. 191 of 2025, disclosing offences punishable under Sections 126(2), 115(2), 118(2), 109(1), 190, 191(2), 191(3) and 352 of B.N.S.

3. The prosecution case, as per the First Information Report, is that on 08.04.2025 at about 10:00 A.M. in the morning while the informant along with his son Ahishek Kumar was cutting wheat from the filed, the petitioner along with other accused persons total 11 in numbers, 10 with weapons in their hand arrived there. Co-accused Umakant Singh assaulted the informant with spade on the head and the petitioner assaulted informant's son by spade on the back side of the head, causing

Patna High Court CR. MISC. No.59027 of 2025(2) dt.17-09-2025 2/3 injury.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village rivalry. Both the parties are neighbours and residing in the same village. The allegation of assault is against 11 persons including the petitioner.

5. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that petitioner along with other co-accused persons deliberately arrived, assaulted the informant and his son and there is specific allegation of assault upon the petitioner on the head of the informant's son with the help of spade. Victim, Abhishek Kumar sustained serious injury on the back side of the head, having the dimension of injury (5 inches) x 1 inch.

6. Regards being had to the submissions made by the parties and taking into consideration the fact that the petitioner assaulted the informant's son on his head which is vital part of the body and the petitioner having four criminal antecedents, I am not inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, rejected.

8. However, if the petitioner surrenders before the

Patna High Court CR. MISC. No.59027 of 2025(2) dt.17-09-2025 3/3 concerned Court and seeks regular bail, the same may be considered by the concerned Court on the same day on its own merit without being prejudiced that anticipatory bail of the petitioner has been rejected by this Court.

(Anil Kumar Sinha, J) Siwani/- U T