Sipahi Kumar @ Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56437 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- DARPA District- East Champaran ====================================================== Sipahi Kumar @ Saurabh Kumar S/o Chalitar Sah Resident of VillageBagahi, P.S. -Darpa, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Ms. Isha Mishra, Advocate Mr. Sumit Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Darpa P.S. Case No. 63 of 2025 for the offence registered under sections 126(2), 115(2), 118(1), 109, 74, 352, 351(2), 303(2) and 3(5) of B.N.S lodged on 21.03.2025 by the informant, Jaishree Sah.

3. As per the FIR, the informant alleged that accused persons named in the FIR on the ground of working of the divider and upon objection, started abusing and which led to the assault. The Specific allegation in this petitioner is of giving spade blow on the head of the informant causing injury. The other accused persons also assaulted the family members, this led to the FIR.

4. Learned Counsel for the petitioner submits that though allegation of assault is on this petitioner, no opinion has

Patna High Court CR. MISC. No.56437 of 2025(2) dt.08-09-2025 2/2 been recorded whether it is grievous or simple.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submits that taken this Court to the learned Sessions Judge order to show that the three inch skin deep injury has been found on the forehead and the said injury attributed to the petitioner.

6. Considering the submissions of the parties as also the fact that the injury that has been recorded in the learned Sessions Judge order, in that background, this Court is not inclined to grant him the anticipatory bail application.

7. The anticipatory bail application stands rejected.

8. However, if the petitioner surrenders and prays for bail in next four weeks, the Court concerned shall take up and dispose it of preferably on the same day.

(Rajiv Roy, J) Raj Ranjan/- U T