Ankit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43028 of 2026
                        Arising Out of PS. Case No.-68 Year-2026 Thana- KAKO District- Jehanabad
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                 Ankit Kumar S/o Raushan Kumar Resident of Village - Bhelawar, P.S. -
                 Kako(Bhelawar), District - Jehanabad.
                                                                        ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr.Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   03-07-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Kako (Bhelawar)

                   P.S. Case No. 68 of 2026 registered for the offences punishable

                   under Sections 126(2), 115(2), 109(1), 74, 303(2), 352, 351(2),

                   351(3) & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the

                   ‘B.N.S.’).

                             3. The allegation against petitioner is to assault the

                   informant and her family members by means of iron rod, lathi

                   etc. and when the father, mother and brother of the informant

                   came to rescue her upon her cry, all the accused persons

                   including petitioner assaulted them causing head and bodily

                   injury.

                             4. Learned counsel appearing on behalf of the petitioner
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          submitted that allegation against petitioner is to assault the

          informant alongwith co-accused namely, Sankit Kumar. It is

          pointed out that upon medical examination, nature of injury

          upon the informant namely, Urvashi Kumari was found simple

          in nature, which not appears repeated.

                   5. It is further argued that the nature of injury creates a

          doubt qua allegation as the informant specifically alleged that

          two co-accused persons including this petitioner assaulted

          repeatedly with iron rod upon her. It is submitted that allegation

          to assault the parents and brother of the informant is appearing

          very much general and omnibus in nature as same appears

          available against all the co-accused persons.

                   6.     It is pointed out that the occurrence, which is

          basically free-fight in nature, where both parties received injury

          and for same set of occurrence, petitioners’ side also lodged a

          case against the informant, which was registered as Kako P.S.

          Case No. 72 of 2026.

                   7.    While concluding argument, it is submitted that

          allegation qua snatching golden chain from the neck of the

          informant and holding hand of the informant is just to an

          aggravate the allegations. Petitioner claimed clean antecedent.

                   8. Learned A.P.P. for the State opposes the prayer for
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                     anticipatory bail of the petitioner.

                              9. In view of the aforesaid factual submissions and by

                     taking note of nature of injury and also nature of allegation qua

                     physical assault, which is appearing very much general and

                     omnibus in nature against the petitioner as to assault the

                     informant and her family members during the course of

                     occurrence, where occurrence was free-fight in nature prima

                     facie negating intention to cause death, accordingly, above-

                     named petitioner, who is man of clean antecedent, in the event

                     of his arrest/surrender within a period of four weeks from this

                     order, is directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of the

                     like amount each to the satisfaction of learned S.D.J.M.,

                     Jehanabad/concerned court in connection with Kako (Bhelawar)

                     P.S. Case No. 68 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C/Section 482(2) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T