Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.382 of 2025 Arising Out of PS. Case No.-104 Year-2024 Thana- Mufassil District- Khagaria ====================================================== 1.
Sujeet Kumar S/o- Asheshwar Tanti Resident of Village- Amba Dih PSMuffasil District-Khagaria 2.
Raja Kumar @ Raja Tanti S/o- Asheshwar Tanti Resident of Village- Amba Dih PS- Muffasil District-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-02-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Muffasil Police Station Case No. 104 of 2024, disclosing offences under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and (3), 3(5) of the BNS, 2023.
3. As per the FIR, on 09.08.2024, the goat of the informant, worth Rs. 12,000/- was stolen by Pappu Tanti and when the informant, during search of his goat inquired about the same, the accused persons started assaulting and petitioner no. 1 assaulted the cousin brother of the informant by means of lathi on his head and petitioner no. 2 assaulted the informant's
Patna High Court CR. MISC. No.382 of 2025(2) dt.05-02-2025 2/3 brother Kirandev Kumar by lathi on his hand causing fracture.
4. Learned Counsel for the petitioners submits that the petitioners are co-villagers of the informant and the occurrence has taken place on a trivial issue. The buffalo of the petitioners was forcibly taken away by the informant who also assaulted the petitioners and his family members. There is a delay of two days in lodging the FIR. The injury caused to the victims are simple in nature as would be evident from the statement made in paragraph 13 and the injury report annexed at Annexure 2 Series.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are co-villagers and there is dispute regarding goat between them, the injuries caused to the victims are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.382 of 2025(2) dt.05-02-2025 3/3 Khagaria, in connection with Muffasil Police Station Case No. 104 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T