IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35263 of 2025 Arising Out of PS. Case No.-719 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== Nitiranjan Kumar @ Chhotu Singh S/o Nand Kishor Singh R/o vill - Mangarpal Nuran, P.S.- Dariyapur, Distt.- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Baidhyanath Thakur, Adv. For the Opposite Party/s : Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 03-09-2025 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 others armed with deadly weapons, country made katta, knife, lathi and danda are said to have surrounded the informant and another. It is further alleged that on being exhorted by Dinesh Kumar Suman, 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 Patna High Court CR. MISC. No.35263 of 2025(3) dt.03-09-2025 2/4 chest. In the meantime, co-accused Rahul Kumar 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 Sugan Thakur, 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 them 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 any of the petitioners. Petitioner is only alleged to have surrounded the informant and his nephew. 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 the left hand of the nephew of informant by means of country made katta and co-accused Ravi Kumar Giri @ Anuj Giri is said to Patna High Court CR. MISC. No.35263 of 2025(3) dt.03-09-2025 3/4 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. Learned counsel submits that though petitioner was made accused in two cases i.e. Dariyapur P.S. Case Nos. 590 of 2022 and 11 of 2023, however police after investigation submitted final form in both the cases finding the case untrue against the petitioner and the concerned Court has accepted the final forms. He, therefore, submits that in the light of the aforesaid fact there is no criminal antecedent pending against the petitioner. 5. The learned counsel for the State and the informant have vehemently opposed the prayer for anticipatory bail of the petitioner. It is submitted that there are three injuries and there is specific allegation against co-accused Nitish Kumar Suman, Rahul Kumar Suman and Ravi Kumar Giri @ Anuj Giri. It is further submitted that petitioner is one of the persons who is said to have surrounded the informant and his nephew and petitioner cannot escape from the liability of the allegations levelled in the first information report, and hence, petitioner does not deserve to be granted privilege of anticipatory bail. 6. Considering the facts and circumstances of the Patna High Court CR. MISC. No.35263 of 2025(3) dt.03-09-2025 4/4 case, no specific allegation of assault is alleged against the petitioner, statement with regard to antecedent, 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) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S. Case 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. mcverma/- (Alok Kumar Pandey, J) U T