Anjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84102 of 2025 Arising Out of PS. Case No.-697 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Anjesh Kumar Son of Arun Kumar, R/o Village - Aropur, PS. - Tankuppa, Dist. - Gayaji.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Gaya Muffasil P.S. Case No. 697 of 2024 dated 17.08.2024, registered for the offences punishable under Sections 127(1), 127(2), 115(2) and 109 read with Section 3(5) of the B.N.S., 2023.

3. As per the prosecution case, petitioner and other co-accused persons suddenly assaulted the son of the informant. Thereafter, the son of the informant was abducted by his assailants who took him to some secluded place and further assaulted him causing a number of injuries to him. Thereafter, they left him there thinking him to be dead.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely

Patna High Court CR. MISC. No.84102 of 2025(2) dt.09-12-2025 2/3 been implicated in the present case. There is general and omnibus allegation against the petitioner and other co-accused persons and only specific allegation is against co-accused Biru Kumar. The injury report shows a lacerated wound on middle vertex of head of size 2" x 1/8" x 1/4", apart from abrasion, swelling and tenderness on different parts of the body. But, the allegation of assault on head by iron-rod is against co-accused Biru Kumar. Learned counsel next submits that petitioner is having antecedent of three cases and he is acquitted in two cases and on bail in one case. Learned counsel lastly submits that petitioner is in custody since 22.08.2025 and chargesheet has been submitted.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no specific allegation of assault against this petitioner and also considering the fact that the specific allegation is against another co-accused and further considering petitioner's period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

Patna High Court CR. MISC. No.84102 of 2025(2) dt.09-12-2025 3/3 Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gayaji / concerned Court, in connection with Gaya Muffasil P.S. Case No. 697 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T