Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81386 of 2025 Arising Out of PS. Case No.-580 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Santosh Kumar S/O Surajdeo Sao R/O Village- Kharka, P.S- Makhdumpur, Distt.- Jehanabad.

2.

Aman Kumar S/O Santosh Kumar R/O Village- Kharka, P.S- Makhdumpur, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.

2. The petitioners apprehend their arrest in connection with Makhdumpur P.S. Case No.580 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 352, 351(2) and 351(3) of the BNS, 2023.

3. On account of a dispute over keeping the cow dung, the petitioners along with other co-accused persons variously armed came at the place of occurrence and assaulted the informant and her family members. It is specifically alleged that co-accused Dhananjay Kumar assaulted the informant by means of iron rod, due to which she sustained fracture injury in her

Patna High Court CR. MISC. No.81386 of 2025(2) dt.10-12-2025 2/3 finger, whereas co-accused Chandan Kumar assaulted the children of the informant by means of rod, due to which they also sustained serious injury.

4. Learned Advocate for the petitioners referring to the FIR has contended that so far the petitioners are concerned, there is no specific allegation of any overt act against them. Moreover, the genesis of the occurrence is nothing but a trifle resulting into some scuffle and unfortunate injuries. The injuries sustained to the informant and others have not been attributed to the petitioners. The petitioners are the men of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have actively participated in the crime.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and considering the nature of accusation led against the petitioners, coupled with their fair antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)

Patna High Court CR. MISC. No.81386 of 2025(2) dt.10-12-2025 3/3 each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jehanabad in connection with Makhdumpur P.S. Case No.580 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) rohit/- U T