IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13252 of 2025 Arising Out of PS. Case No.-146 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Vishal Kumar Son of Dilip Paswan, Resident of Village -Samartha Kalyanpur P.S.- Bibhutipur Distt -Samastipur. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pintu Kumar Patel, Advocate. For the State : Mr. Shantanu Kumar, APP. For the Informant : Mr. Uday Prasad, Advocate. Ms. Nidhi, Advocate. Mr. Jay Gunjan, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 5 12-09-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. 2. The petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No.146 of 2023 instituted under Sections 341, 323, 324, 325, 307, 354(A), 354(B), 379, 447, 448, 504, 506, 34 of the Indian Penal Code. 3. As per the prosecution case, on the alleged date of occurrence, when the informant’s minor sister was studying on her door, petitioner and one co-accused Prashant Kumar seeing her alone came there and started teasing her with intention to outrage her modesty and on protest, the petitioner assaulted her with the butt of the pistol and co-accused Prashant Kumar gave Patna High Court CR. MISC. No.13252 of 2025(5) dt.12-09-2025 2/3 pagharia blow on her head due to which she sustained injury. When mother of informant came to save her, she was also assaulted by the petitioner on her head with the butt of his pistol. Other accused persons are alleged to have assaulted the informant and his brother with lathi and iron rod. 4. Learned counsel for the petitioner submits that this is the second anticipatory bail application of the petitioner, earlier the petitioner had filed anticipatory bail with co-accused Prashant Kumar wherein after hearing the parties, the co- accused Prashant Kumar was granted anticipatory bail and the anticipatory bail application filed on behalf of petitioner was dismissed as withdrawn. He further submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there was free fight between the parties due to which there is case and counter case between them. He further submits that both the parties are neighbours and have land dispute between them. Learned counsel submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation. 5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner and submits that petitioner is indulged into the Patna High Court CR. MISC. No.13252 of 2025(5) dt.12-09-2025 3/3 heinous crime, molested the minor sister of the informant and when she protested, the petitioner assaulted her and her mother with the butt of the pistol. He further submits that the nature of injury to the sister of informant is grievous in nature. It is next submitted that after argument, the petition of the petitioner for anticipatory bail was withdrawn and the second anticipatory bail application is not maintainable. Therefore, he does not deserve the privilege of anticipatory bail. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties as well as the allegation levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is, hereby, rejected. 7. It is clarified that if the petitioner surrender before the learned Trial Court and seek regular bail, the same shall be decided on its own merit by the Court concerned in accordance with law without prejudice to the rejection of this anticipatory bail petition of the petitioner. Ritik/- (Sunil Dutta Mishra, J) U T