Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81725 of 2024 Arising Out of PS. Case No.-194 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== Sagar Kumar Son of Late Vijay Singh Resident of Village - Sahpur Haraji, P.S. - Awtarnagar, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the State :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115, 118(1), 109, 352, 351(2) of the BNS, 2023.

3. The allegation in the FIR is that the petitioner attacked the informant with a knife and caused injury on his head due to which he fell down.

4. Learned counsel for the petitioner submits that the petitioner and the informant belong to the same family and the petitioner is actually the nephew of the informant and due to a family dispute, the present case has come to be filed. As against the allegation of assault by means of a knife, the injury report enclosed in the case diary indicates a lacerated wound on the

Patna High Court CR. MISC. No.81725 of 2024(6) dt.03-07-2025 2/2 left side of the head of the informant which is caused by hard and blunt substance and hence, in such view of the matter also, the material evidence does not corroborate the oral allegation. It is also submitted that the two injuries indicated in the injury report of the informant are both simple in nature.

5. Learned APP for the State, however, opposes the prayer for anticipatory bail

6. Considering the entire facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his 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 the learned lower Court where the case is pending/successor Court in connection with Awtarnagar P.S. Case No. 194 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T