Ankush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66629 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== 1.
Ankush Kumar S/O Avdhesh Ram R/O Village- Karan Bigha, P.O - Koilwan, P.S - Haspura, District - Aurangabad, Bihar- 824115. 2.
Vijay Ram @ Vijay Kumar S/O Raghunath Ram R/O Village- Karan Bigha, P.O- Koilwan, P.S- Haspura, Distt.- Aurangabad, Bihar. 824115. 3.
Sanjay Ram @ Sanjay Kumar S/O Raghunath Ram R/O Village- Karan Bigha, P.O- Koilwan, P.S- Haspura, Distt.- Aurangabad, Bihar. 824115. 4.
Raju Ram @ Raju Kumar S/O Raghunath Ram R/O Village- Karan Bigha, P.O- Koilwan, P.S- Haspura, Distt.- Aurangabad, Bihar. 824115. 5.
Awadhesh Ram S/O Raghunath Ram R/O Village- Karan Bigha, P.OKoilwan, P.S- Haspura, Distt.- Aurangabad, Bihar. 824115. 6.
Surendra Kumar @ Surendra Choudhary S/O Late Sanjay Choudhary @ Tijan Chaudhary R/O Village- Karan Bigha, P.O- Koilwan, P.S- Haspura, Distt.- Aurangabad, Bihar. 824115.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Adv.
Mr. Ajay Kumar, Adv.
For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-09-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Haspura P.S. Case No.80 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1), 74 and 3(5) of BNS, 2023.
3. Allegation against the petitioner is of causing assault to the informant and his family members only on
Patna High Court CR. MISC. No.66629 of 2025(2) dt.17-09-2025 2/3 account of protest being raised by them while the accused persons were indulged in playing vulgar songs on DJ. In course of occurrence, co-accused Mantu Choudhary resorted to firing and misbehaved with the family members of the informant. On account of the assault, injuries were sustained to six of the persons.
4. Learned Advocate for the petitioners contended that from the narrations made in the FIR, it is evident that save and except the omnibus nature of allegation against all, it has not been disclosed that the injuries allegedly sustained to the persons have been specifically attributed to the petitioners. Moreover, the nature of injuries has knowingly not been disclosed by the court below as on the instruction of the petitioners, they are simple in nature. There was no criminal intent to cause harm to anyone. However, on account of some trifle, both the parties entered into a free fight resulting into unfortunate injuries. Moreover, the petitioners are men of fair antecedent and they undertake that they will not indulge in such kind of activity in future and maintain the peace.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the allegation and the corresponding injuries clearly suggest the
Patna High Court CR. MISC. No.66629 of 2025(2) dt.17-09-2025 3/3 involvement of the petitioners in the crime.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the of the omnibus nature of allegation, coupled with the genesis of the occurrence as also the fair antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the court concerned in connection with Haspura P.S. Case No.80 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) rohit/- U T