Virendra Kumar Prasad @ Virendra Kumhar @ Virendra Kuhar @ Virendra Kr. Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81542 of 2024 Arising Out of PS. Case No.-275 Year-2024 Thana- DUMRAO District- Buxar ====================================================== Virendra Kumar Prasad @ Virendra Kumhar @ Virendra Kuhar @ Virendra Kr. Prasad S/o- Ram Badan Kumhar @ Ram Badan Kuhar R/o- SAfakhana Road, Dumraon Nahar Dumraon Ps-Dumraon Dist-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP For the informant :

Mr. Gajendra Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner, informant and the State .

2. Petitioner apprehends their arrest in a case registered for the offence punishable under sections 126(2), 115 (2), 190, 109, 117 (2), 351 (3) , 191 (2) of Bhartiya Nyay Sanhita ( B N S ).

3 . The prosecution case in brief, is that on the alleged date and time of occurrence , while the son of informant was returning from shop , and reached near the house of one Panday

Patna High Court CR. MISC. No.81542 of 2024(3) dt.23-01-2025 2/3 Ji, in the meantime , all the accused persons including this petitioner and other unknown persons inflicted rod blows on his neck but the same hit on his head due to which he sustained injury . It is further alleged that accused persons also assaulted on his leg due to which his leg got fractured.

4. It is submitted on behalf of the petitioners that both the parties are close door neighbours and on account of dispute over pathway between the parties a simple occurrence of maarpeet took place in which both sides sustained injuries. Case and counter case . Allegation of assault is general and omnibus. During course of investigation , injured was examined who categorically stated that this petitioner assaulted him on the head. Doctor has found the head injury simple in nature . Petitioner claims clean antecedent.

5 . Learned counsel for the informant opposed the bail petition .

6 Considering the nature of injury , clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.81542 of 2024(3) dt.23-01-2025 3/3 ACJM Buxar in connection with Dumraon P.S. Case No. 275 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 . (Prabhat Kumar Singh, J) Koushik/- U