Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82824 of 2025 Arising Out of PS. Case No.-381 Year-2025 Thana- BARH District- Patna ====================================================== 1.
Himanshu Kumar S/o Naresh Paswan R/o Village - Kali Asthan Malahi, P.S - Barh, District - Patna 2.
Kapildev Paswan S/o Jagayan Paswan R/o Village - Kali Asthan Malahi, P.S - Barh, District - Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Kashyap, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118, 303(2), 109 and 3(5) of the B.N.S.
3. As per F.I.R. allegation against these petitioners is that they along with other co-accused persons assaulted the informant by means of Chholni and iron rod on his head due to which he sustained multiple injuries.
4. Learned counsel for the petitioners submit that petitioners are innocent and have committed no offence as alleged. No specific allegation of assault is against these petitioners. The alleged occurrence took place on 18.06.2025 but the FIR has been lodged on 24.06.2025 i.e. after the delay of
Patna High Court CR. MISC. No.82824 of 2025(2) dt.05-01-2026 2/2 six days for which there is no explanation for the same. It is further submitted that due to petty dispute over fishing in pond, an altercation took place between the parties. Allegation is general and omnibus in nature against these petitioners. Injuries sustained by the injured are simple in nature.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts, nature of injury and other circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Additional Chief Judicial Magistrate-1st, Barh, Patna in connection with Barh P. S. Case No. 381 of 2025, subject to condition as laid down under Section Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J) shivam/- U T