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Patna High CourtCR. MISC./86705/2024bail granted

Satyendra Kumar @ Mallu Kumar @ Mallu v. The State Of Bihar

2025-04-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86705 of 2024 Arising Out of PS. Case No.-659 Year-2024 Thana- MASAUDHI District- Patna ====================================================== 1.

Satyendra Kumar @ Mallu Kumar @ Mallu Son of Subash Chowdhry Village- Bairagi Bagh, Ghorahuwan, P.S.- Masaurhi, Dist- Patna. 2.

Vikash Kumar @ Ashish Kumar Son of Shubash Chowdhary VillageBairagi Bagh, Ghorahuwan, P.S.- Masaurhi, Dist- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2025 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 Masaudhi Police Station Case No. 659 of 2024, disclosing offences under Sections 341, 321, 441, 504 and 34 of the Indian Penal Code and 126(2), 115, 329, 109, 352, 3(5) of B.N.S.

3. The prosecution case, as per the First Information Report, is that on 03.08.2024, in the evening while the informant was at his home, in the meanwhile, petitioners along with some unknown persons arrived there and started abusing.

Patna High Court CR. MISC. No.86705 of 2024(3) dt.07-04-2025 2/3 When informant protested, petitioners assaulted the informant's son, namely, Amarkant Kumar and Dharamdas Kumar with lathi on their head with intention to kill them.

4. Learned Counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and both the parties are co-villagers. Petitioners are having small departmental store in the village and the informant used to take the goods/articles in drunken condition without paying money. Referring to the injury report, learned counsel submits that the injuries caused to Amarkant Kumar is simple in nature. The injury caused to Dharamdas Kumar is on the lineal region which is not vital part of the body and the injury sustained by the other victim Kunal Kumar is also simple in nature.

5. Regards being had to submissions made by the parties and taking into consideration the fact that both the parties are co-villagers, having dispute regarding money and the injuries sustained by the victims are simple in nature and on non-vital part of the body, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of

Patna High Court CR. MISC. No.86705 of 2024(3) dt.07-04-2025 3/3 their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna, in connection with Masaudhi Police Station Case No. 659 of 2024, subject to the condition laid down under Section 482 (2) of the B.N.S.S.

(Anil Kumar Sinha, J) Siwani/- U T