Chhotelal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68539 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- MANPUR District- West Champaran ====================================================== 1.

Chhotelal Kumar son of Kuwarlal Mandal @ Kuwar Lal Yadav Resident of village -Damarapur Ward no 9, PS- Banagaha Dist -West Champaran 2.

Shivbali Kumar @ Arbind Kumar @ Shivbali Yadav son of Kuwarlal Mandal @ Kuwar Lal Yadav Resident of village -Damarapur Ward no 9, PSBanagaha Dist -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chandra, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. After some arguments, learned counsel for the petitioners prays for withdrawal of the application on behalf of petitioner no.2 in order to surrender and seek regular bail.

3. In case, petitioner no.2 surrenders within a period of four weeks from today and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this withdrawal order preferably on the same day considering the fact that petitioner no.2 is a young boy pursuing his studies with no criminal antecedent.

4. Now, the present petition survives only against

Patna High Court CR. MISC. No.68539 of 2025(2) dt.26-09-2025 2/3 petitioner no.1.

5. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 303(2) and 3/5 of B.N.S., 2023.

6. The allegation in the first information report is that all the accused persons being variously armed assaulted the informant causing injuries to him.

7. Learned counsel for the petitioner submits that the petitioner and the informant are neighbours and on account of a dispute with regard to drainage, some scuffle had taken place between the parties. However, the petitioner being a young boy was not involved in the said occurrence and yet has been made an accused. It is further submitted that there is case and counter case and the uncle of petitioner no.1 has also lodged a case against the informant and his associates which is Annexure-P/2 to the present application and the uncle of the petitioner had also suffered grievous injury in the said transaction.

8. Learned APP for the State and learned counsel for the informant oppose the grant of anticipatory bail.

9. Taking into consideration the facts aforesaid and also considering the fact that no specific allegation of assault has been attributed to petitioner no.1, there is case and counter

Patna High Court CR. MISC. No.68539 of 2025(2) dt.26-09-2025 3/3 case between the parties and further considering that the petitioner is a young student having no criminal antecedent, let petitioner no.1, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, be released on bail, on furnishing bail bonds 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 in connection with Manpur P.S. Case No.53 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. (Soni Shrivastava, J) Sanjay/- U T