Keshaw Prasad @ Keshu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66193 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- JALALPUR District- Saran ====================================================== Keshaw Prasad @ Keshu Prasad S/o- Janardhan Prasad @ Jundhan Prasad Resident of village- PO-Bhatkeshri, P.S- Jalalpur, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhijeet Abhigyan, Adv For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-09-2025
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with Jalalpur P.S. Case no. 41/2025, registered under Sections 115(2), 118(1), 126(2), 109, 303(2), 3(5) of the B.N.S.
3. The allegation in the first information is that all the accused persons including the petitioner, along with four unknown persons came to the house of the informant and assaulted her son by a knife, due to which, he suffered injury and became unconscious.
4. Learned counsel for the petitioner submits that it would be evident from the first information report itself that the informant was not present in the house and hence was not an eyewitness to the occurrence. Further, the FIR has been lodged
Patna High Court CR. MISC. No.66193 of 2025(2) dt.19-09-2025 2/3 after a delay of two days for which no explanation has been tendered. General and omnibus allegations of assault have been attributed against the petitioner, and as a matter of fact, due to some scuffle, the informant's son had sustained some injury, and the same has been used against the petitioner. The injury of the son of the informant indicates that there is only one injury in the nature of a laceration, which is also simple in nature. 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.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering that, as against the general and omnibus allegation of assault the informant has suffered only one injury, simple in nature, coupled with the delay in FIR, 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 Jalalpur P.S. Case no. 41/2025 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 J.M. First Class, Saran at Chapra, subject to the condition laid down under Section 438(2)
Patna High Court CR. MISC. No.66193 of 2025(2) dt.19-09-2025 3/3 of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J) krishnakant/- U T