Shiv Sagar Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86291 of 2025 Arising Out of PS. Case No.-207 Year-2024 Thana- LAUKAHA District- Madhubani ====================================================== Shiv Sagar Kunwar, S/O Chulhai Kunwar, R/O Village- Madhopur, P.SLaukaha, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the State :

Mr. Anand Kishore Choudhary, APP For the Informant :

Mr. Pintu Kumar Patel, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in connection with Laukaha P.S. Case No. 207 of 2024 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 117(2), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S.

3. The case of the prosecution, in short, is that the petitioner has assaulted with iron rod on the head of the informant indiscriminately.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The only allegation against the petitioner is that he has assaulted with iron rod indiscriminately on the head of the informant but from perusal of the injury report, it is clear that the informant has received only

Patna High Court CR. MISC. No.86291 of 2025(2) dt.17-12-2025 2/2 one injury on the head. It has further been submitted that there is no repetition of the blow as alleged by the informant. Had there been repetition of blow on head could not have been only one injury. There is land dispute between the parties and a case has been filed by the petitioner side in year 2020. Petitioner is languishing in judicial custody since 08.10.2025.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of four cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jhanjharpur, Madhubani in connection with Laukha P.S. Case No. 207 of 2024 with the condition that the petitioner shall cooperate in the trial and shall be present in the trial Court whenever required.

(Ashok Kumar Pandey, J) lata/- U T