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2025 DAILYLAW 94540 (PAT)

Lalkun Kumar @ Banti Kumar v. The State of Bihar

CR. MISC./71995/2025 · 2025-10-14

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71995 of 2025 Arising Out of PS. Case No.-107 Year-2021 Thana- SALAKHUA District- Saharsa ====================================================== 1. Lalkun Kumar @ Banti Kumar S/O Virendra Yadav R/O Village- Goshpur, P.S.- Salkhua, District- Saharsa 2. Virendra Yadav S/O Pandav Yadav R/O Village- Goshpur, P.S.- Salkhua, District- Saharsa 3. Sita Devi W/O Virendra Yadav R/O Village- Goshpur, P.S.- Salkhua, District- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar Singh, Advocate For the Opposite Party/s : Mr. Murli Dhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 14-10-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 504, 506/34 of the Indian Penal Code. 3. As per prosecution case, on 08.06.2021 at about 5 PM, when informant along with his family members was harvesting crops in the field, in the meantime, all the F.I.R. named accused persons, including these petitioners, armed with deadly weapons, came there and started abusing them. On raising objection, all the accused persons assaulted informant and his family members as a result of which three persons Patna High Court CR. MISC. No.71995 of 2025(2) dt.14-10-2025 2/2 sustained injureis. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Injuries sustained by the injured are simple in nature. Case and counter case. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the nature of accusation, injuries and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Judicial Magistrate, 1st Class, Saharsa in connection with Salkhua P. S. Case No. 107 of 2021, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T