Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57418 of 2025 Arising Out of PS. Case No.-273 Year-2022 Thana- BIKRAM District- Patna ====================================================== 1.

Santosh Kumar S/o Krishna Yadav R/o - Lahladpur, P.S - Rani Talab, District - Patna 2.

Harendra Kumar @ Halendra Kumar S/o Gobardhan Yadav R/o - Lahladpur, P.S - Rani Talab, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341 , 323 , 307, 379, 325 and 3 of IPC .

3. As per prosecution case , informant namely Suddu Kumar alleged that on 06.05.2022 , when informant went to attend nature's call, six persons came on motorcycle and started assaulting informant with lathi, danda and katta and also took mobile and cash of Rs. 25,00/- from pocket of informant.

4. Learned counsel appearing for the petitioners are

Patna High Court CR. MISC. No.57418 of 2025(2) dt.02-09-2025 2/3 innocent and have committed no offence . F.I.R. has been lodged after inordinate delay of fourteen days and there is no explanation for the same which itself creates doubt over veracity of the prosecution case . Allegation of assault against petitioner No. 2 is general and omnibus. Petitioners claim clean antecedent.

5. Learned counsel for the State vehemently opposed the bail application and submitted that there is specific allegation against petitioner No. 1 that he assaulted informant with bamboo on the temporal region of the head of informant. Doctor has found the injury grievous in nature .

6. In view of the aforesaid facts that petitioner No. 1 caused grievous injury, prayer for anticipatory bail of petitioner no. 1 is refused.

7. However, considering the nature of accusation and simple injury, the anticipatory bail with regard to petitioner No. 2 is allowed and it is ordered that the above named petitioner No. 2, in the event of his 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) with two sureties of the like amount each to the satisfaction of Judicial ACJM 6 Danapur in connection with

Patna High Court CR. MISC. No.57418 of 2025(2) dt.02-09-2025 3/3 Bikram P. S. Case No. 273 of 2022 , subject to condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T