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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77699 of 2025 Arising Out of PS. Case No.-260 Year-2025 Thana- NARHATT District- Nawada ======================================================
1. Puroshotam Kumar S/o Satish Kumar Singh R/o Village - Khanawan, P.S - Khanwan, District - Nawada
2. Praveen Kumar @ Chhotu S/o Ashok Singh R/o Village - Khanawan, P.S - Khanwan, District - Nawada
3. Abhay Kumar @ Aashu S/o Navin Singh R/o Village - Khanawan, P.S - Khanwan, District - Nawada
4. Gopal Kumar S/o Bhim Singh R/o Village - Khanawan, P.S - Khanwan, District - Nawada
5. Mohan Kumar S/o Tubhi Singh R/o Village - Khanawan, P.S - Khanwan, District - Nawada
6. Roushan Kumar @ Bhola S/o Tubhi Singh R/o Village - Khanawan, P.S - Khanwan, District - Nawada
7. Vivek Kumar S/o Mantu Singh R/o Village - Khanawan, P.S - Khanwan, District - Nawada
8. Niraj Kumar S/o Sarovar Singh R/o Village - Khanawan, P.S - Khanwan, District - Nawada
9. Maula Kumar @ Dhiraj Kumar S/o Sarovar Singh R/o Village - Khanawan, P.S - Khanwan, District - Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar For the Opposite Party/s : Md. Ataur Rahman ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 02-12-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 190, 115(2), 117(2), 109, 303(2), 352, 351(2) of the Bharatiya
Patna High Court CR. MISC. No.77699 of 2025(2) dt.02-12-2025 2/4 Nyaya Sanhita.
3.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that accused persons including the petitioners intercepted him and his friend at Soni Crossings and Praveen (petitioner no. 2) gave orders to kill, thereafter Praveen assaulted him by butt of pistol causing injury on head, thereafter Purshotam assaulted by rod causing fracture of left leg, while Gopal and Mohna tried to strangulate him by a towel, rest accused also assaulted him and Praveen snatched Rs. 10,000/- and fled firing, when people gathered and the occurrence took place on account of previous dispute.
4.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that informant alleges that all the accused persons including the petitioners intercepted him and assaulted him. It is further submitted that had nine accused assaulted the informant, in that event, he would have received multiple injuries, but then from perusal of the injury report, it would manifest that the same records –1. N.C.C.S Brain-Normal Study 2. X-ray left leg
Patna High Court CR. MISC. No.77699 of 2025(2) dt.02-12-2025 3/4 proximal shaft of fibula left and the nature of injury has been opined to be grievous. It is thus submitted that the only injury suffered by the informant is on leg, which is non-vital part of the body and Puroshotam is alleged to have assaulted and as far as other petitioners are concerned, the allegations against them are exaggerated. It is next submitted that Puroshotam is a young boy aged about 20 years and even presuming what has been alleged is true without admitting then it is his first offence and the alleged assault is on non-vital part of the body and if he is sent to judicial custody, in that event, his entire career would get jeopardized and the chances are bright that he may come in contact with hardened criminals.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with
Patna High Court CR. MISC. No.77699 of 2025(2) dt.02-12-2025 4/4 Narhat P.S. Case No. 260 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. One of the bailors of Puroshotam Kumar (petitioner no. 1) shall be his father Satish Kumar Singh.
Sumit/- (Satyavrat Verma, J) U T