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2025 DAILYLAW 65665 (PAT)

Banty Kumar Gaurav v. The State of Bihar

CR. MISC./55066/2025 · 2025-08-18

Shailendra Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55066 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- KASMA District- Aurangabad ====================================================== Banty Kumar Gaurav, S/o Bihari Prasad Nirala, R/o Village- Apki, P.S.- Kasma, Distt- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mukul Kumari, Adv. For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 18-08-2025 Heard Ms. Mukul Kumari, learned counsel for the petitioner and Mr. Md. Mushtaque Alam, learned APP for the State. 2. Petitioner seeks regular bail in connection with Kasma P.S. Case No. 80 of 2025 dated 12.06.2025 registered for the offences punishable under sections 126(2), 115(2), 109(2), 74, 352, 351(2) and 351(3) read with section 3(5) of the Bharatiya Nyaya Sanhita. 3. As per the allegation, the informant Manju Devi alleged that, on 12.06.2025, one person, namely, Raviranjan Kumar was filling soil in his field, meanwhile, the FIR named accused persons, including the petitioner came and entered into altercation with the prosecution party. The informant further alleged that Banty Kumar Gaurav (petitioner) assaulted Patna High Court CR. MISC. No.55066 of 2025(2) dt.18-08-2025 2/3 Shakuntala Devi with ironrod with an intention to kill her, as a result of which, she sustained head injury and fell down. It is further alleged that when Rupesh Prasad came to her rescue, Saurabh Verma assaulted him with lathi, causing injury to his eye while Ramkailash Mahto was assaulted by Sonu Kumar Verma with lathi on his back. 4. The main submissions advanced by petitioner’s counsel are that the petitioner is a 22 year old young person and has been languishing in jail since 13.06.2025 and the FIR clearly shows that there was a dispute with regard to filling of soil in the alleged field between both the parties, who are agnates and that dispute resulted in alleged marpit and moreover, there is a case and counter case between both the parties. 5. Learned APP for the State has opposed the prayer of the petitioner. 6. Heard both the sides and perused the FIR and the injury report of Shakuntala Devi, a member of the prosecution party. Against this petitioner, there is specific allegation of having assaulted Shakuntala Devi on the head with an iron rod, and as per her injury report, she sustained grievous head injury, which corroborates the allegation levelled against the petitioner, Patna High Court CR. MISC. No.55066 of 2025(2) dt.18-08-2025 3/3 so, considering this aspect and mainly the petitioner’s past history relating to four criminal cases and also the pendency of the investigation against him, this Court is not inclined to release him on bail. Accordingly, his prayer stands rejected. However, if the petitioner faces trial for the alleged offences then he may renew his bail prayer after framing of charge against him. annu/- (Shailendra Singh, J) U T