Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60940 of 2025 Arising Out of PS. Case No.-341 Year-2025 Thana- HILSA District- Nalanda ====================================================== 1.

Raju Kumar Son of Bijendra Prasad R/o Village - Manpur, P.S. - Hilsa, District - Nalanda.

2.

Mantu Kumar @ Panchamlal Son of Ram Pravesh Prasad R/o Village - Manpur, P.S. - Hilsa, District - Nalanda.

3.

Ram Pravesh Prasad Son of Dev Nandan Prasad R/o Village - Manpur, P.S. - Hilsa, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raushan Abhishek, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-09-2025 Learned counsel for the petitioner has submitted injury report across the board. Let it be kept on record.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners are apprehending their arrest in connection with Hilsa P.S. Case No. 341 of 2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 303(2), 324(4), 109(1), 352 of BNS and Section 27 of the Arms Act.

4. As per prosecution case, petitioners and others armed with pistol, rod and farsa came at the house of informant and started abusing him. It is alleged that co-accused Pintu Kumar

Patna High Court CR. MISC. No.60940 of 2025(2) dt.10-09-2025 2/3 assaulted the informant's father upon his head by means of butt of pistol as a result of which informant's father sustained injury. It is further alleged that the all the accused persons entered into the informant's house and looted jewellery worth Rs. 10 lakh after breaking the lock of box and also looted house hold articles. It is alleged that while fleeing away, accused persons fired upon the informant and his family members by means of pistol but they managed to escape from the said firing.

5. Learned counsel for the petitioners submits that there is no specific allegation of assault against any of the petitioners. He further submits that the injury report of informant's father clearly indicates that informant sustained four injuries on his body and all injuries are simple in nature and, hence, no case is made out against the petitioners under Section 109(1) of BNS. He further submits that the allegation of looting articles is nothing but super addition. He further submits that there is allegation against ten accused persons including the petitioners to assault the informant's father, in this way, petitioners have falsely been implicated in the present case. There is case and counter case between the parties on the same date of occurrence and free fighting cannot be ignored. Petitioners are innocent and has committed no offence as alleged in the FIR. Petitioner no. 1 and 3 bear criminal antecedent of two cases in which they are on bail

Patna High Court CR. MISC. No.60940 of 2025(2) dt.10-09-2025 3/3 and petitioner no. 2 bears no criminal antecedent.

6. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners by submitting that though there is no specific allegation against the petitioners but they are named in FIR and they cannot escape from the liability of allegation made in prosecution story.

7. Considering the facts and circumstances of the case, there is no specific allegation of assault levelled against the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist, Hilsa (Nalanda) in connection with Excise Hilsa P.S. Case No. 341 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS.

8. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T