Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65710 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- MANER District- Patna ====================================================== Arjun Kumar S/o Shyam Nandan Rai Resident of Vill- Bhagutola Beyapur, P.S.- Maner, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dayanand Singh, Advocate For the State :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-09-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 99 of 2025 registered for the offence under Sections 191(2), 126(2), 115(2), 109, 74, 303(2), 329(3), 324(2) and 351(2) of the B.N.S., lodged on 09.02.2025 by the informant, Shailesh Kumar.
3. As per the prosecution story, the informant alleged that the accused persons armed variously came and started abusing the women at the house. Upon objection, allegation is of thrashing the informant side. The allegation against this petitioner and Piyush Kumar is of throwing the informant on the earth, Nirala Kumar wrapped a towel around him started dragging. Further allegation against this petitioner is of using iron rod on the head of the informant causing injury, as locals
2/4 intervened, they retreated. This followed the F.I.R.
4. Learned counsel for the petitioner submits that though allegation of assault is there, it has been found to be simple in nature, as recorded in paragraph no.12 of the petition and there is a case and counter case. Further, other accused persons have been granted anticipatory bail by coordinate Benches in Cr. Misc. No. 39630 of 2025 (Bhola Kumar and Ors. vs. The State of Bihar) and Cr. Misc. No. 32629 of 2025 (Kanti Devi & Ors. vs. The State of Bihar) which are part of the present petition.
5. Learned APP opposes the prayer submitting that allegation against this petitioner is of assaulting the informant on his head.
6. Considering the submissions of the parties as also the fact that it has been categorically stated in paragraph no.12 of the petition that the injury has been found to be simple in nature, other accused persons have been extended relief, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. However, if it is found that the statement made in the paragraph no.12 of the petition is wrong and the injuries have been found to be otherwise and not simple, the present
3/4 order shall become infructuous.
8. Let the petitioner be released on 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) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Maner P.S. Case No. 99 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner 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 his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his 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 shall in no way try to induce or
4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner 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