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Patna High CourtCR. MISC./68972/2025allowed

Satyam Kumar @ Satyam Kumar Sah @ Raja v. The State Of Bihar

2025-09-24Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68972 of 2025 Arising Out of PS. Case No.-297 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== Satyam Kumar @ Satyam Kumar Sah @ Raja S/O Harilal Sah @ Hiralal Thekedar R/O Village- Koila Belwa, P.S- Chakia, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mohd. Anjar Alam S/O Mohd. Alam R/O Village- Ramdiha, P.S- Chakia, Distt.- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is apprehending arrest in connection with Chakia P.S. Case No. 297 of 2021 registered for the offences punishable under Sections 341, 323, 325, 307 and 379.34 of the Indian Penal Code.

3. As per prosecution case, there is allegation against the petitioner who is said to have assaulted the informant on his leg by means of iron rod causing injury.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report. It is submitted that though in the

Patna High Court CR. MISC. No.68972 of 2025(2) dt.24-09-2025 2/3 F.I.R. there is specific allegation against the petitioner of assault by means of iron rod on the leg of the informant but the injury sustained by the informant on his leg has been found to be simple in nature. It is further submitted that the said injury is not on the vital part of the body. It is further submitted that due to previous enmity the informant has falsely implicated the petitioner alleging that petitioner has assaulted him by iron rod causing injury. Petitioner bears no criminal antecedent. It is orally submitted that petitioner is ready to co-operate in the investigation.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that there is specific allegation of assault against the petitioner which is supported by the injury. Hence, petitioner does not deserves to be granted anticipatory bail.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, injury sustained by the informant on his leg is simple, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.68972 of 2025(2) dt.24-09-2025 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Chakia P.S. Case No. 297 of 2021, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial Court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner. (Alok Kumar Pandey, J) mcverma/- U T