Arvind Kumar @ Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60465 of 2025 Arising Out of PS. Case No.-139 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== 1 .

Arvind Kumar @ Arbind Kumar Son of Nagina Singh R/o Village - Mogalpura, P.S. - Bakhtiyarpur, District - Patna. 2.

Udit Kumar Son of Nagina Singh R/o Village - Mogalpura, P.S. - Bakhtiyarpur, Dist. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2025 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, 448 , 504, 506 and 34 of IPC and 27 of Arms Act.

3. As per prosecution case , informant namely Mudhir Kumar alleged that on 14.03.2024 , petitioner No. 1 assaulted on the hand of informant with spade due to which he sustained injury and petitioner No. 2 snatched Mangalsutra of one Mamta devi.

4. Learned counsel appearing on behalf of these petitioners submitted that both the parties are gotias and due to

Patna High Court CR. MISC. No.60465 of 2025(2) dt.08-09-2025 2/3 land dispute they have falsely been implicated in this case . It is further submitted that allegation of assault against petitioner No. 1 is general and omnibus and there is absolutely no allegation of assault against petitioner No. 1 . Rest of the allegations are ornamental in nature to make the case grave .

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 spade due to which he sustained injuries.

6. Considering the nature of accusation against petitioner No. 1 , prayer for anticipatory bail of petitioner no. 1 is refused.

7. However, considering the fact that there is absolutely no allegation of any overt act against petitioner No. 2 and other circumstances of the case , 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 learned ACJM - III, Barh (Patna) in connection with Bakhtiyarpur P. S. Case No. 139 of

Patna High Court CR. MISC. No.60465 of 2025(2) dt.08-09-2025 3/3 2024 , subject to condition as laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 . (Prabhat Kumar Singh, J) Koushik/- U T