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Patna High CourtCR. MISC./66089/2025bail granted

Saurabh Suman @ Pankaj Kumar v. The State Of Bihar

2025-09-19Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66089 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- SAMASTIPUR District- Samastipur ====================================================== Saurabh Suman @ Pankaj Kumar Son of Sumant Kumar Ray R/o Vill.- Kashipur, P.S- Kashipur Town, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Samastipur Town P.S. Case no.130 of 2025 registered under Sections 109, 126(2), 127(2), 115(2), 303(2), 352 and 3(5) of the B.N.S, 2023.

3. The allegations in the F.I.R is that the accused persons took the informant to their house and assaulted him causing injuries to him.

4. Learned counsel for the petitioner submits that it would be apparent from the F.I.R that there are general and omnibus allegations levelled against the petitioner of having allured the informant to come his house and confined in a room and assaulted the informant along with co-accused Bajrangi by

Patna High Court CR. MISC. No.66089 of 2025(2) dt.19-09-2025 2/3 belt. It is the co-accused Ashutosh Rai who assaulted the informant by means of an iron rod causing head injuries and coaccused Arun Rai assaulted the informant by means of hocky causing fracture of his leg. It has further been submitted that an improbable and exaggerated story has been created by the informant and if assault would take place for three hours by the accused persons, the informant would not have received injuries in the nature of abrasion and also being simple in nature. Injury report has been annexed as Annexure-P/2 to the application. The petitioner has no criminal antecedent and undertakes to cooperate in case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that the petitioner is also a part to the assault upon the informant causing injuries to him.

6. Taking into consideration the aforesaid facts of the case and also considering that main allegation of assaulting the informant is upon co-accused Ashutosh Rai and to some extent on co-accused Arun Rai and not the petitioner herein and injury report reveals that injuries are simple in nature, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four

Patna High Court CR. MISC. No.66089 of 2025(2) dt.19-09-2025 3/3 weeks, be released on anticipatory bail in connection with Samastipur Town P.S. Case no.130 of 2025 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 Court below where the case is pending/successor Court, 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 and subject to the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer as and when required till investigation is concluded against him. (Soni Shrivastava, J) Harsh/- U T