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2025 DAILYLAW 43009 (PAT)

Sarvan Kumar v. The State of Bihar

CR. MISC./32783/2025 · 2025-05-19

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32783 of 2025 Arising Out of PS. Case No.-25 Year-2024 Thana- PALIGANJ District- Patna ====================================================== 1. Sarvan Kumar S/o Nathu Yadav @ Mahesh Yadav R/o Village- Rampur Nagwan, P.S.- Paliganj, Distt.- Patna 2. Santosh Kumar @ Santosh Yadav S/o Nathu Yadav @ Mahesh Yadav R/o Village- Rampur Nagwan, P.S.- Paliganj, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwanath Prasad, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 19-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. Petitioners apprehend their arrest in connection with Paliganj P.S. Case No. 25 of 2024 instituted under Sections 341,323, 325, 307, 354, 379, 504, 506/34 of the I.P.C. 3. As per prosecution case, on the alleged date of occurrence, while informant’s husband Hazari Yadav and son Arun Kumar were laying pipe to water wheat crop, the named accused persons including petitioners having armed with iron rod and lathi came there and started beating her husband and son due to which they became injured and sustained bleeding injury. When Amarnath Yadav and Sangita Devi came to rescue Patna High Court CR. MISC. No.32783 of 2025(2) dt.19-05-2025 2/3 them, they were also assaulted by the accused persons. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that for the same occurrence, another criminal case being Paliganj P.S. Case No.58 of 2024 has been lodged in which eight persons including petitioners have been made accused on the basis of fard beyan of Arun Kumar, son of the informant. There is case and counter case between the parties. Both parties have sustained injuries. There is general allegation against the petitioners. Similarly situated co-accused have already been granted anticipatory bail by this Court vide order dated 22.03.225 passed in Cr. Misc. No. 50093 of 2024. Petitioners are neighbours and gotias of the informant. Petitioners have one criminal antecedent in which they are on police bail and they undertake to cooperate in the investigation. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of Patna High Court CR. MISC. No.32783 of 2025(2) dt.19-05-2025 3/3 the like amount each to the satisfaction of learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No.25 of2024, subject to the conditions as laid down in Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. khushbu/- (Sunil Dutta Mishra, J) U T