Allowed¶24

Abhinanadan Kumar @ Abhinandan v. The State of Bihar

Patna HC4 Aug 2025CR. MISC./45756/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; Criminal Miscellaneous No.45756 of 2025 (order dt. 04-08-2025); Justice Ashok Kumar Pandey; Kalyanpur P.S. Case No. 335 of 2023; East Champaran / Motihari; free fight between parties, injuries on both sides; counter case of 05.09.2023; IPC Sections 279, 337, 341, 323, 324, 307, 379, 504, 506/34; Section 438(2) Cr.P.C.; bail bond Rs. 10,000 with two sureties; CJM Motihari; bail allowed.

What did the court decide?

Anticipatory bail granted to all five petitioners; to surrender within four weeks and, on arrest or surrender in connection with Kalyanpur P.S. Case No. 335 of 2023, to be enlarged on bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, subject to Section 438(2) Cr.P.C. conditions. ¶24

Abhinanadan Kumar @ Abhinandan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners should be granted anticipatory bail, apprehending arrest in connection with Kalyanpur P.S. Case No. 335 of 2023.

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Court's answer

The Court found that there is a free fight between the parties and both parties have received injuries, forming the basis for grant of bail.

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Ratio / Principle

The Court enlarged the petitioners on bail: they are to surrender within four weeks and, upon arrest or surrender in Kalyanpur P.S. Case No. 335 of 2023, will be enlarged on furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions under Section 438(2) Cr.P.C.

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Detailed headnote1 paragraphs

Anticipatory bail granted to five petitioners apprehending arrest in Kalyanpur P.S. Case No. 335 of 2023 (offences under Sections 279, 337, 341, 323, 324, 307, 379, 504 and 506/34 IPC), arising from a group clash of 05.09.2023 in which the informant was allegedly struck with a sword near the eye and petitioner no. 2 allegedly assaulted him with a lathi; petitioners' counsel pointed to a same-day counter case in which the petitioners had already secured trial-court bail. Observing that there was a free fight between the parties and both sides received injuries, the Court allowed the application, directing surrender within four weeks and enlargement on a bail bond of Rs. 10,000/- each with two like sureties to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions laid down under Section 438(2) Cr.P.C.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45756 of 2025

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Arising Out of PS. Case No.-335 Year-2023 Thana- KALYANPUR District- East Champaran

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======================================================

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Abhinanadan Kumar @ Abhinandan S/O Shambhu Ray @ Shambhu Prasad Yadav R/o Vill - Badharwa Mahanand, P.S.- Kalyanpur, Distt.- East Champaran

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Shambhu Ray @ Shambhu Prasad Yadav S/o Late Bachchan Rai R/o vill - Badharwa Mahanand, P.S.- Kalyanpur, Distt.- East Champaran

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Dharamdeo Rai @ Dharm Deo Prasad Yadav S/o Late Bachchan Rai R/o Vill - Badharwa Mahanand, P.s.- Kalyanpur, Distt.- East Champaran

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Hemnti Kumari @ Hemwanti Devi @ Hemanti Kumari @ Hewanti Devi W/o Shambhu Ray @ Shambhu Prasad Yadav R/o Vill - Badharwa Mahanand, P.S.- Kalyanpur, Distt.- East Champaran

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Kundan Ray @ Kundan Kumar S/o Ganesh Rai R/o Vill - Madhu Chhapra, P.S. - Kalyanpur, Distt.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioners : Mr. Sarvesh Kashyap, Advocate Mr. Gautam Raja, Advocate For the State : Mr. Anand Kishore Choudhary, APP For the Informant : Mr. Dhurendra Kumar, Advocate Mr. Sumit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 04-08-2025

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Heard learned counsel for the petitioners, Mr. Anand Kishore Choudhary, learned APP for the State and learned counsel for the Informant.

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2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kalyanpur P.S. Case No. 335 of 2023 instituted for the offence under Sections 279, 337, 341, 323, 324, 307,

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Patna High Court CR. MISC. No.45756 of 2025(2) dt.04-08-2025 2/3

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379, 504 and 506/34 of the Indian Penal Code (in short ‘IPC’).

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3. The case of the prosecution is that the petitioners along with others arrived at the house of the informant and started searching the nephew of the informant. It is further alleged that Shriket Yadav who was armed with sword assaulted on the neck of the informant which hit near the eye. It is further alleged that Shambhu Ray (petitioner no. 2) assaulted with lathi on the head of the informant.

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4. Learned counsel for the petitioners has submitted that there is also a counter version of this case and it is also submitted by the learned counsel that Sambhu Ray has also received injury. Learned counsel further submits that the occurrence is of 05.09.2023 and on the same day counter case was also filed. Earlier on 05.09.2023, the informant has filed a case and in that case petitioners were granted bail by the trial court itself and for the occurrence of same day informant has again filed this case which is based on the occurrence of same day. The informant has made an attempt to doublee jeopardise the interest of petitioners.

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5. Learned counsel for the informant has vehemently opposed the prayer for bail and submitted that the petitioners are having criminal antecedents.

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Patna High Court CR. MISC. No.45756 of 2025(2) dt.04-08-2025 3/3

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6. From above discussions it is clear that there is free fight between the parties and both parties have received injuries.

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7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kalyanpur P.S. Case No. 335 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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8. Accordingly, the present bail application stands

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allowed.

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(Ashok Kumar Pandey, J)

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durgesh/-

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U T

Abhinanadan Kumar @ Abhinandan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Abhinanadan Kumar @ Abhinandan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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