Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68643 of 2025 Arising Out of PS. Case No.-336 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

Sudhanshu Kumar Son of Raushan Kumar R/o Mohalla - Kshtriya Nagar, P.S. - Aurangabad Town, District - Aurangabad. 2.

Prem Kumar Son of Raushan Kumar R/o Mohalla - Kshtriya Nagar, P.S. - Aurangabad Town, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners seek bail in connection with Aurangabad (Town) P.S. Case No. 336 of 2025 registered for the offences under Sections 109, 191(2), 191(3), 190, 115(2), 126(2) and 118(2) of the BNS.

3. As per prosecution case, petitioners and other coaccused persons surrounded the brother of the informant and assaulted him with sharp weapon causing injury on his head.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegation of assault against 6 persons including these

Patna High Court CR. MISC. No.68643 of 2025(2) dt.25-09-2025 2/3 petitioners by sword, knife and rod etc. It has specifically been mentioned that when the brother of the informant tried to run away he was assaulted by 5-6 accused persons with swords. There is no specific allegation of any overt act against the petitioners. The injury report of the victim shows the injured received two injuries on the head and one injury on right little finger but all the injuries are lacerated wound caused by hard and blunt substance. There is no sword injury on the head of the victim. No motive has been assigned for the assault. Petitioners are students and pursuing their studies. Petitioners are in custody since 08.07.2025 and charge-sheet has been submitted. Petitioners are having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of injury of sharp weapon on the victim and also considering the clean antecedent of the petitioners along with their period of custody and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.68643 of 2025(2) dt.25-09-2025 3/3 satisfaction of learned Chief Judicial Magistrate, Aurangabad/concerned court in connection with Aurangabad (Town) P.S. Case No. 336 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T