Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86610 of 2024 Arising Out of PS. Case No.-321 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== 1.
Suraj Kumar S/O Kamlesh Manjhi R/o-Village- Jamheta, P.S.- Fatehpur, District-Gaya.
2.
Ravi Kumar S/O Kamlesh Manjhi R/o-Village- Jamheta, P.S.- Fatehpur, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Onkar Nath For the Opposite Party/s :
Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-05-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Fatehpur Police Station Case No. 321 of 2024, dated 04.06.2024, disclosing offences under Sections 448/341/323/325/307/354(b)/379/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 01.06.2024, at about 09:30 PM in the night, the petitioners, along with other accused persons, armed with iron-rod and in drunken condition, entered into the house of the informant and started assaulting her. The petitioner no. 1 and co-accused Bipin Kumar assaulted the informant by means of iron-rod on informant's head
Patna High Court CR. MISC. No.86610 of 2024(3) dt.08-05-2025 2/3 causing injury and also assaulted on her right hand due to which her two fingers got broken. It has further been alleged that the petitioner no. 2 snatched golden chain from the neck of the informant.
4. Learned counsel for the petitioners that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case on the account of fact that the informant is a contractor who used to hire labourers for work at the brick-kiln and the petitioners were also hired by the informant as labourers but when the petitioners demanded their wages a scuffle took place between them. He further submits that in the impugned order there is no reference to the nature of injury caused to the informant, however, this Court called for the case diary, along with final injury report, but final injury report has not been sent along with case diary and the case diary is having no reference to the injury caused to the victim.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that prosecution has failed to produce the final injury report of the victim, I am inclined
Patna High Court CR. MISC. No.86610 of 2024(3) dt.08-05-2025 3/3 to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Fatehpur Police Station Case No. 321 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T