Kundan Kumar @ Kundan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71879 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.
Kundan Kumar @ Kundan Paswan Son of Ramashish paswan R/o - Khanjahanpur, P.S. - Cheriya Bariyarpur, District - Begusarai. 2.
Sanjay Thakur Son of Reshmi Thakur R/o -Karor, Khanjahanpur, Ward No. 13, P.S. - Cheriya Bariyarpur, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Rohit Raj, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(3), 191(2), 190, 115(2), 126(2), 117(2), 109(1), 303(2), 76, 352 and 351(2) of the B.N.S..
3. The prosecution case, in brief, is that on 16.07.2025 at about 3 PM, when the informant was alone at her house, in the meantime, all the F.I.R. named accused persons, including these petitioners, came there and assaulted informant and her family members with iron rod, sticks and bricks. It is further alleged that the accused persons also looted Rs. 2,00,000/- cash,
Patna High Court CR. MISC. No.71879 of 2025(2) dt.14-10-2025 2/3 jewellery, clothes, mobile phones and other household articles.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on the alleged date and time of occurrence, a Panchayati was convened in order to resolve the land dispute between the parties and during the said Panchayati, simple maar-peet took place in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Injuries, allegedly caused by these petitioners, are simple in nature.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties and nature of injuries allegedly caused by these petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.71879 of 2025(2) dt.14-10-2025 3/3 petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge-cumA.C.J.M., Manjhaul, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 113 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T