Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60938 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- LAXMIPUR District- Jamui ====================================================== 1.
Ajit Kumar S/o Munilal Yadav R/o Village- Chinveriya, P.S.- Laxmipur, Dist.- Jamui 2.
Nandan Kumar S/o Munilal Yadav R/o Village- Chinveriya, P.S.- Laxmipur, Dist.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the State :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-12-2025 Heard Mr. Prabhat Ranjan Singh, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP representing the State.
2. The petitioners are apprehending their arrest in connection with Laxmipur P.S. Case No. 110 of 2025 registered for the offence under Sections 126(2), 115(2), 117(2), 118(1), 109(1) and 3(5) of the B.N.S., lodged on 13.05.2025 by the informant, Pramod Yadav.
3. As per the prosecution story, the informant alleged that on the issue of withdrawal of the earlier case, the accused persons resorted to assault. Specific allegation is against petitioner no.2, Nandan Kumar that he gave injury on the skull
2/4 by a tangi. Ajit Kumar (petitioner no.1) also tried to assault but the informant managed to escape. Earlier, allegation in th F.I.R. shows that all the four persons resorted to assault. This led to the F.I.R.
4. Learned counsel for the petitioner submits that only one injury on the skull has been found to be grievous in nature, the others are simple in nature.
5. Learned APP opposes the prayer submitting that so far as Nandan Kumar is concerned, the assault made by him has been found to be grievous in nature.
6. Considering the submissions of the parties as also the role that has been played by the petitioner no.2, Nandan Kumar as recorded above, no relief can be granted to him, his anticipatory bail application stands rejected.
7. So far as the petitioner no.1, Ajit Kumar is concerned he is only 19 years of age, allegation of assault is there but the informant stated that he managed to escape thus warding off the assault made by him. The other allegation of omnibus assault is on the other four persons, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner no.1, Ajit Kumar be released on
3/4 bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Jamui, in connection with Laxmipur P.S. Case No. 110 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner no.1, Ajit Kumar who shall provide official document to show his/her bona fide; (ii) the petitioner no.1, Ajit Kumar shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iii) the petitioner no.1, Ajit Kumar shall appear before the concerned police station every fortnight for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
(iv) the petitioner no.1, Ajit Kumar shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps
4/4 for cancellation of the bail bonds;
(v) the petitioner no.1, Ajit Kumar shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T