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2025 DAILYLAW 59778 (PAT)

Santosh Kumar v. The State of Bihar

CR. MISC./48882/2025 · 2025-08-11

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48882 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- KASMA District- Aurangabad ====================================================== 1. Santosh Kumar son of Umesh Das Village- Bankepur Ps- kasma, Dist- Aurangabad 2. Mantosh Kumar son of Umesh Das Village- Bankepur Ps- kasma, Dist- Aurangabad 3. Rajesh Kumar son of Jay Nandan Das Village- Bankepur Ps- kasma, Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 11-08-2025 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 Kasma Police Station Case No. 49 of 2025, dated 22.04.2025, disclosing offences under Sections 118(2)/117(2)/352/351(2)/351(3)/3(5) of the Bhartiya Nyaya Sanhita. 3. The prosecution case, as per the First Information Report, is that on 20.04.2025, when the husband of the informant had gone to the mountains for attending nature’s call, the petitioners, due to previous land dispute, started abusing Patna High Court CR. MISC. No.48882 of 2025(2) dt.11-08-2025 2/3 him. Upon protest by the informant’s husband, the petitioners assaulted him by means of lathi and danda due to which he sustained injuries on his head and on other parts of the body. When the informant’s nephew, namely, Sachin Kumar, intervened, he was also assaulted by the petitioners. 4. Learned counsel for the petitioners submits that there is long standing land dispute between the parties. He next submits that there is delay of two day in lodging of the First Information Report. He further submits that injuries sustained by the victims are simple in nature. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is land dispute between the parties and 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) each with two sureties of the like amount each to the satisfaction of learned Chief Patna High Court CR. MISC. No.48882 of 2025(2) dt.11-08-2025 3/3 Judicial Magistrate, Aurangabad, in connection with Kasma Police Station Case No. 49 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. ashwani/- (Anil Kumar Sinha, J) U T