IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89820 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- NAYAGAON District- Begusarai ====================================================== Vikash kumar Son of Rajesh Kumar Singh @ Rajesh Kumar Resident of Village - Mahendrpur - Mahindarpur, P.S. - Nayagaon, District - Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 28-01-2025 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 Nayagaon Police Station Case No. 70 of 2024, disclosing offences under Sections 126(2), 115(2), 118(1), 352, 351(2), 109, 303(2), 3(5) of the BNS, 2023. 3. As per the prosecution case, on 06.09.24, at about 09:00 pm, the informant along with his son Mithun Kumar was moving towards his House after closing the CSP Centre. As soon as they reached near Thakurbari, at that time, Vikash Kumar, Himanshu Kumar and their father Rajesh kumar Singh, of Village Mahendrapur arrived there with arms in their hand and started abusing. On protest by the informant, Vikash Kumar told that he is the Rangdar of the village Mahendrapur It has Patna High Court CR. MISC. No.89820 of 2024(2) dt.28-01-2025 2/3 further been alleged that Vikash Kumar assaulted the informant’s son by means of pistol butt on his head, due to which son of the informant became senseless and fell on the ground. Thereafter, the accused Himanshu kumar fired from his weapon on the informant due to which the informant fell down. It is also alleged that the accused Rajesh kumar snatched Rs. 497000/- from the pocket of the informant. On hearing the sound of firing, the local people rushed there. After that, the accused persons managed to escape from there and the son of the informant has been taken to hospital by them. 4. Learned Counsel for the petitioner submits that both the parties are agnates and there is a previous property dispute between them. The FIR has been lodged after a delay of one day. Injury report reflects that the injury caused to the injured is simple in nature caused by hard and blunt substance. Reason of dispute is petty and is of throwing garbage by the informant’s side in front of the house of the petitioner. The case of the prosecution has not been supported by any independent witnesses. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is direct allegation against the petitioner of assaulting the son of Patna High Court CR. MISC. No.89820 of 2024(2) dt.28-01-2025 3/3 the informant by means of pistol butt on his head due to which he sustained injury, I am not inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, rejected. HarshPandey/- (Anil Kumar Sinha, J) U T