IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51092 of 2025 Arising Out of PS. Case No.-719 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== Sugan Sharma @ Sugan Thakur S/O Late Ramdev Thakur Resident of Village- Mangarpal Nooran, P.S.- Dariyapur, Dist.- Saran at Chapra. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 12-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner is apprehending arrest in connection with Dariyapur P.S. Case No. 719 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the B.N.S. and section 27 of the Arms Act. 3. As per prosecution case, there is allegation that petitioner and other co-accused persons armed with deadly weapons, country made katta, knife, lathi and danda surrounded the informant and other. It is further alleged that on being exhorted by co-accused Dinesh Kumar Suman, co-accused Nitish Kumar Suman fired upon Rahul Kumar (nephew of the informant) by means of country made katta which hit on the left side of his chest. In the meantime, co-accused Rahul Kumar Patna High Court CR. MISC. No.51092 of 2025(3) dt.12-11-2025 2/4 Suman also made firing on the nephew of the informant which hit on his left hand. It is further alleged that on the exhortation made by petitioner, co-accused Ravi Kumar Giri @ Anuj Giri inflicted knife blow on the informant which hit in the left side of his stomach. It is further alleged that when informant and his nephew fell down, all the accused persons indiscriminately assaulted informant and his nephew by means of lathi, danda and iron rod. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated in this case. He submits that there is no specific allegation of assault against the petitioner. Petitioner is only alleged to have order giver in this case. The specific allegation of assault is against the co-accused Nitish Kumar Suman, Rahul Kumar Suman and Ravi Kumar Giri @ Anuj Giri. Co-accused Nitish Kumar Suman is said to have fired upon the nephew of the informant by means of country made katta as a result of which he sustained injury in the left side of his chest, co-accused Rahul Kumar Suman is said to have fired upon informant’s nephew by means of country made katta as a result of which he sustained injury in his left hand and co-accused Ravi Kumar Giri @ Anuj Patna High Court CR. MISC. No.51092 of 2025(3) dt.12-11-2025 3/4 Giri is said to have inflicted knife blow on the informant which hit in the left side of his stomach. In the light of the aforesaid facts and circumstances of the case, no offence is made out against the petitioner. Petitioner bears clean antecedent. Similarly co-accused person, namely, Nitiranjan Kumar @ Chhotu Singh has already been granted anticipatory bail by this Court vide Cr. Miscellaneous No. 35263 of 2025 and on the principal of parity, petitioner also deserves anticipatory bail. 5. The learned counsel for the State and the informant have vehemently opposed the prayer for anticipatory bail of the petitioner, however, they conceded that petitioner is only the order giver. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, petitioner is only order giver, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, First Class, Saran at Chapra in connection with Dariyapur P.S. Case Patna High Court CR. MISC. No.51092 of 2025(3) dt.12-11-2025 4/4 No. 719 of 2024, subject to the conditions as laid down under section 482(2) of the B.N.S.S. 7. The application stands allowed. Ranjeet/- (Alok Kumar Pandey, J) U T