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2026 DAILYLAW 40592 (PAT)

Akash Kumar v. The State of Bihar

CR. MISC./77599/2025 · 2026-02-11

Sunil Dutta Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77599 of 2025 Arising Out of PS. Case No.-393 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== 1. Akash Kumar S/o Bharat Chauhan R/o Village- Bhelwa, P.S- Warisaliganj, Distt.- Nawada. 2. Uttam Kumar @ Uttim Kumar S/o Sunil Chauhan R/o Village- Bhelwa, P.S- Warisaliganj, Distt.- Nawada. 3. Akshay Kumar S/o Mushafir Chauhan @ Mosafir Chauhan R/o Village- Bhelwa, P.S- Warisaliganj, Distt.- Nawada. 4. Sunil Chauhan S/o Late Ramswaroop Chauhan R/o Village- Bhelwa, P.S- Warisaliganj, Distt.- Nawada. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Deo Raj, Advocate. For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 3 11-02-2026 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Warisaliganj P.S. Case No.393 of 2025 instituted under Sections 74, 109, 115(2), 126(2), 324(4), 329(4), 351(2), 352, 3(5) of the B.N.S., 2023. 3. As per the prosecution case, when the informant went to his farm to bring paddy seeding, then he saw that his villager namely Jamahir Chauhan is uprooting paddy seeding and when he prohibited to do so, he started abusing and Patna High Court CR. MISC. No.77599 of 2025(3) dt.11-02-2026 2/3 assaulting with spade on head causing injury to him and he was taken to hospital by his family members. After return from hospital, all the accused persons including the petitioners entered the house of informant and assaulted him with khanti and iron rod causing injury on his head and hand. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He further submits that the injured persons have got simple injury, except one injury to Susheela Devi of grievous nature which is fracture on the right hand. Learned counsel submits that there is case and counter case between the parties for the same occurrence. He further submits that petitioner nos.1 & 2 have got clean antecedent, petitioner nos.3 & 4 have one criminal antecedent, in which they are on bail and they undertake to cooperate in the investigation and trial of the case. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two Patna High Court CR. MISC. No.77599 of 2025(3) dt.11-02-2026 3/3 sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-IV, Nawada in connection with Warisaliganj P.S. Case No.393 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Ritik/- (Sunil Dutta Mishra, J) U T