Umesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68505 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- PHENHARA District- East Champaran ====================================================== Umesh Singh S/O Chandrika Singh Resident Of Village- Patti Jasauli, P.O And P.S- Kotwa, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73801 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- PHENHARA District- East Champaran ====================================================== 1.
Shahil Kumar @ Putu Kumar @ Puddu Kumar Son of Manish Kumar @ Manish Kumar Singh @ Santosh Singh Resident of village- Bhinda Bishunpur, Ps- Phenhara, Dist- East Champaran 2.
Nikhil Kumar Son of Manish Kumar @ Manish Kumar Singh @ Santosh Singh Resident of village- Bhinda Bishunpur, Ps- Phenhara, Dist- East Champaran 3.
Manish Kumar @ Santosh singh @ Manish Kumar singh Son of Late Rambabu singh Resident of village- Bhinda Bishunpur, Ps- Phenhara, DistEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 68505 of 2025) For the Petitioner/s :
Mr. Pravin Kumar, Adv.
For the Opposite Party/s :
Mr. Tapeshwar Sharma, App.
For the Informant :
Mr. Shashank Shekhar, Adv.
(In CRIMINAL MISCELLANEOUS No. 73801 of 2025) For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Nagendra Prasad, App.
For the Informant :
Mr. Shashank Shekhar, Adv.
======================================================
2/4 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-02-2026
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Phenhara Police Station Case No. 107 of 2025, disclosing offences under Sections 191(2), 126(2), 115(2), 118(1), 109, 303(2), 307, 379, 352, 351(2) of the BNS, 2023.
3. As per the FIR, on 22.05.2025, the informant, with his family members, had gone to attend the marriage where the petitioners along with other accused persons assaulted the son of the informant and when objected, the petitioner no. 2 in Cr. Misc. No. 73801 of 2025 assaulted the informant by knife causing injury near the waist and petitioner no. 1 in Cr. Misc. No. 73801 of 2025 assaulted the son of the informant near neck by means of knife which caused injury however, the same, caused injury on the cheek of the informant's son namely Sahil Kumar. It has further been alleged that petitioner in Cr. Misc. No. 68505 of 2025 and petitioner no. 3 in Cr. Misc. No. 73801 of 2025 assaulted Nidu Kumar and Chunni Singh with bamboo.
4. Learned counsel for the petitioners submits that the informant is Mukhiya and there is political rivalry between the parties. Both the parties are co-villagers. The injuries
3/4 sustained by the victims are simple in nature.
5. On the other hand, learned counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that there is specific allegation against petitioner/Shahil Kumar and petitioner/Nikhil Kumar that they assaulted with knife the informant and his son. The son of the informant is 14 years of age and Shahil Kumar assaulted the son of the informant with knife causing serious injury on the cheek.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers having some political dispute, the petitioner/Shahil Kumar is also of tender age of twenty years, having no criminal antecedent and all injuries are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Champaran, Motihari, in connection with Phenhara Police
4/4 Station Case No. 107 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T