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2025 DAILYLAW 52896 (PAT)

Sudhir Kumar v. The State of Bihar

CR. MISC./40637/2025 · 2025-07-16

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40637 of 2025 Arising Out of PS. Case No.-272 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Sudhir Kumar S/O Late Chandeshwar Ray Resident of Village- Chiknauta, P.S.- Karja, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nitu Kumari For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 16-07-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Karja Police Station Case No. 272 of 2023, dated 13.08.2023, disclosing offences under Sections 341/323/324/325/307/379/504/506/34 of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that on 02.08.2023, at about 16:00 hours, while the informant was at his field and his buffalo was grazing, in the meanwhile all the accused persons, including the petitioner, armed with iron-rod, farsa, spear, etc. arrived there and surrounded the informant and started abusing him. It has further been alleged that co-accused Ganesh Patna High Court CR. MISC. No.40637 of 2025(2) dt.16-07-2025 2/3 Rai assaulted the informant with iron-rod on his head and co-accused Navesh Rai assaulted with iron-rod on his head and hand due to which his hand got fractured. Subsequently, all the accused persons assaulted on the thigh and leg of the informant by means of farsa and iron- rod. 4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and there is general and omnibus allegation of assault against him. He next submits that both the parties are agnates and resides side by side having land dispute between them. He further submits that specific allegation of assault is upon co-accused Ganesh Rai and Navesh Rai. The petitioner is having no criminal antecedent. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of dispute and the fact that both the parties are agnates and neighbors and allegation against the petitioner is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. Patna High Court CR. MISC. No.40637 of 2025(2) dt.16-07-2025 3/3 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Court No. 6, (West) Muzaffarpur, in connection with Karja Police Station Case No. 272 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T