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2025 DAILYLAW 29015 (PAT)

Vikash Kumar v. The State of Bihar

CR. MISC./19937/2025 · 2025-07-23

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19937 of 2025 Arising Out of PS. Case No.-416 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Vikash Kumar S/O Raj Kumar Ray @ Bachcha Ray Resident of Village- Madhaura, P.S- Madhaura, District- Saran at Chapra. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Virendra Prasad, Advocate For the Opposite Party/s : Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 4 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Madhaura P.S. Case No.416 of 2023, registered for the offences under Sections 147, 149, 341, 323, 324, 307, 379 and 504 of the IPC. 3. As per the prosecution case, the petitioner and other co-accused persons, who were armed with lathi, danda, daab, sword and iron rod came to the doors of the informant and started hurling abuses. When the informant forbade them from doing so, he was assaulted by the petitioner and other co- accused persons. When the brother of the informant intervened, he was brutally assaulted by daab. The wife and son of the informant were also assaulted, when they tried to save the Patna High Court CR. MISC. No.19937 of 2025(4) dt.23-07-2025 2/3 victims. The occurrence took place in the background of land dispute. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Both sides are agnates and the informant side is aggressor and the petitioner side has filed Marhaura P.S. Case No. 417 of 2023 against informant side. It is apparent that the present case has been lodged by the informant to save his skin. There is no explanation of injury received by the petitioner side. The learned counsel further submits that injury reports of the victims mostly show simple injury except injury of Dashrath Rai which is stated to be grievous. The petitioner is having no criminal antecedent and he is in custody since 06.01.2025. Charge-sheet has been submitted. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the case and counter case between the parties and also considering the clean antecedent of the petitioner, his period of custody and submission of charge-sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- Patna High Court CR. MISC. No.19937 of 2025(4) dt.23-07-2025 3/3 (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra/concerned court in connection with Madhaura P.S. Case No. 416 of 2023, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Saurav/- (Arun Kumar Jha, J) U T