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2026 DAILYLAW 6930 (PAT)

Gollu Kumar @ Ankit Kumar v. The State of Bihar

CR. MISC./3379/2026 · 2026-02-20

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3379 of 2026 Arising Out of PS. Case No.-413 Year-2024 Thana- ATRI District- Gaya ====================================================== 1. Gollu Kumar @ Ankit Kumar Son of Manoj Prasad Gupta @ Manoj Kumar Gupta R/o Villlage - Tetua, P.S. - Atri, Dist. - Gaya. 2. Prince Kumar @ Prince Raj Son of Pramod Prasad Gupta @ Pramod Kumar Gupta @ Sadhu Gupta R/o Villlage - Tetua, P.S. - Atri, Dist. - Gaya. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar Gupta For the Opposite Party/s : Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 20-02-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Atri P.S. Case No.413 of 2024, F.I.R dated 04.11.2026 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 303(2) and 110 of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, On 12/09/2024 at about 2:38 PM, the named accused persons allegedly assaulted the informant and his family members due to a land dispute. It is alleged that Prince Kumar attacked the informant with an iron rod, iron tin, and table fan, causing head and chest injuries. Patna High Court CR. MISC. No.3379 of 2026(3) dt.20-02-2026 2/4 When Resham Devi intervened, Gollu Kumar allegedly assaulted her with a brick and physically attacked her, causing injuries to her face and back. Kajal Kumari, the informant’s daughter, was also allegedly injured with a brick near her eye. During the incident, Prince Kumar allegedly snatched a 10-gram gold chain from the informant’s wife. The other accused persons are said to have joined in assaulting the victims with punches, slaps, and kicks and allegedly attempted to kill them. The injured persons were treated at Magadh Medical Hospital, after which the FIR was lodged. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case and the petitioners and informant are agnates and the injuries sustained by the informant, due to altercation, is simple in nature and there is counter version to the entire incident. The petitioners have clean antecedent. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances that the petitioners and informant are agnates and the injuries sustained by the informant, due to altercation, is simple in nature and there is counter version to the entire incident and t he Patna High Court CR. MISC. No.3379 of 2026(3) dt.20-02-2026 3/4 petitioners have clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Gaya, in connection with Atri P.S. Case No.413 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, Patna High Court CR. MISC. No.3379 of 2026(3) dt.20-02-2026 4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. sharun/- (Ajit Kumar, J) U T