Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62772 of 2025 Arising Out of PS. Case No.-92 Year-2020 Thana- MASAUDHI District- Patna ====================================================== Ajeet Kumar S/o- Abhay Singh Village- Bhagwanpur Ps- Masaurhi DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vidyapati, Adv For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-09-2025

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Masaurhi P.S. Case no.92/2020 arising out of G.R. No. 158/2020 registered under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

3. The allegation in the first information report is that a dispute had taken place at a fair during the course of riding on a swing with the accused, Laddu Kumar and Raja Kumar, along with 10 other unknown persons, who all abused the informant upon protest, and it has also been alleged that Ajeet Kumar, the petitioner, and Amit Kumar assaulted the informant by means of a rod on his head, causing injuries.

4. Learned counsel for the petitioner submits that it

Patna High Court CR. MISC. No.62772 of 2025(2) dt.15-09-2025 2/3 would be evident from the first information report itself that the dispute had taken place in a fair and only upon some verbal altercation had the physical fight started between the parties. Hence, no offence under Section 307 of the IPC would be made out in the facts of the case. Further, for the same offence, the case has also been filed from the side of the petitioner, making the informant and other accused where the real story has come to light that it was the informant's side who were behaving in an indecent manner with some girls in the fair, and it is on account of this that the entire occurrence took place, and the FIR has also been brought on record by way of Annexure-2. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that there is a specific allegation upon this petitioner along with Amit Kumar of having given a rod blow on the head, the nature of which has been kept reserved.

6.

Taking into consideration the facts and circumstances of the case and also considering that there are two versions of the occurrence resulting in a case and counter-case and the case on the side of the petitioner being earlier in point of time and also considering the fact that the entire occurrence took

Patna High Court CR. MISC. No.62772 of 2025(2) dt.15-09-2025 3/3 place on the spur of the moment in a fair, let the above named petitioner who has no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Masaurhi P.S. Case no. 92/2020 arising out of G.R. No. 158/2020, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Masaurhi, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) krishnakant/- U T