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Patna High CourtCR. MISC./81110/2025allowed

Satendra Kumar @ Khusnandan Kumar @ Khusnand Kumar v. The State Of Bihar

2025-12-09Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81110 of 2025 Arising Out of PS. Case No.-435 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== Satendra Kumar @ Khusnandan Kumar @ Khusnand Kumar Son of Pramod Kumar Resident of Village- Shitalpur Tola Sirsa, Ward No. 13, Police Station -Chakia, Dist- East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lalan Kumar Verma, Adv.

For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-12-2025 Heard the learned Advocate for the petitioner, learned Advocate for the informant and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Chakia P.S. Case No. 435 of 2025, registered for the offences punishable under Sections 115(2), 126(2), 329(3), 109(1), 303(2), 324(2) and 3(5) of the BNS.

3. Allegedly, the petitioner has inflicted a knife blow over the neck of the informant, due to which he sustained serious injury, besides the allegation against other accused persons of causing assault and snatching of valuables.

4. Learned Advocate for the petitioner referring to the FIR contended that besides the fact that the parties are bickering

Patna High Court CR. MISC. No.81110 of 2025(2) dt.09-12-2025 2/3 over a land dispute with respect to an occurrence, which took place on 28.07.2025, the present FIR came to be instituted on 30.07.2025, without there being any plausible explanation for delay. So far the injury which is allegedly sustained to the informant is concerned, the same is said to be simple in nature. In this regard, a statement has also been made in paragraph no. 10 of the bail application. To support the aforesaid contention, a photo-copy of the injury report issued by the S.M.O., S.D.H, Chakia has been placed on record. It is further contended that the petitioner bears fair antecedent and he undertakes that he will full co-operate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State and the informant opposed the pre-arrest bail application and submits that the injury received by the informant clearly suggest that the same is incised wound, caused by sharp cut weapon and thus the allegation of inflicting knife blow is corroborated, though the informant is fortunate one that he survived anyhow.

6. Having regard to the submissions made on behalf of the learned Advocate for the respective parties and taking note of the genesis of the occurrence, coupled with the delay in lodging of the FIR as well as simple nature of injury, besides the fair antecedent of the petitioner, let the petitioner above named

Patna High Court CR. MISC. No.81110 of 2025(2) dt.09-12-2025 3/3 be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Chakia P.S. Case No. 435 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that (i) one of the bailors shall be the own/close family members of the petitioner (ii) before accepting the bail bond, the Court below shall verify the stand of the petitioner that the injury sustained to the informant is simple in nature.

(Harish Kumar, J) shivank/- U T