Pawan Kumar @ Vishwakumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82423 of 2025 Arising Out of PS. Case No.-147 Year-2021 Thana- SAKURABAD District- Jehanabad ====================================================== Pawan Kumar @ Vishwakumar Prasad S/O Late Ram Lakhan Yadav R/O Village- Prijpura, P.S.- Shakurabad, Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha For the Opposite Party/s :
Mr. Madan Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with G.R. No. 1466 of 2021 arising out of Shakurabad P.S. Case no. 147 of 2021 instituted for the offence under Sections 341, 323, 308, 337, 338, 504, 506/34 of the Indian Penal Code.
3. As per allegation in the FIR, co-accused Guddu Yadav forbade the informant from going through the road with his buffalo and on objection being raised by the informant, it is alleged that co-accused Guddu Kumar assaulted him by means of stick and petitioner assaulted him by means of gadasa on his head due to which he sustained injury and fell on the ground. It
Patna High Court CR. MISC. No.82423 of 2025(2) dt.02-12-2025 2/3 is further alleged that informant's son Vikash Kumar came to rescue him then co-accused Shekhar Kumar also assaulted him with brick and rock due to which informant received injury on his leg. Thereafter, co-accused Basanti Devi and Ruby Devi started throwing brick and rock at his house.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. It is further submitted that there is counter version of the occurrence as mother of the petitioner has also lodged Shakurabad P.S. Case No. 148 of 2021 against the informant and others. The petitioner has also annexed the injury report as Annexure-P/2 which shows abrasion in back side of head which was found to be simple in nature caused by hard and blunt object which itself contradict the prosecution version as there is specific allegation in the FIR that the petitioner assaulted the informant by means of gadasa, a sharp cutting weapon. It is further submitted that allegation against the petitioner is general and omnibus in nature. Moreover, petitioner has no criminal antecedent.
5. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner
Patna High Court CR. MISC. No.82423 of 2025(2) dt.02-12-2025 3/3 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with G.R. No. 1466 of 2021 arising out of Shakurabad P.S. Case no. 147 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jehanabad subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(S. B. Pd. Singh, J) vashudha/- U T