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2025 DAILYLAW 33082 (PAT)

Vikki Kumar @ Bikesh Kumar Singh v. The State of Bihar

CR. MISC./24547/2025 · 2025-04-30

Khatim Reza

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24547 of 2025 Arising Out of PS. Case No.-365 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Vikki Kumar @ Bikesh Kumar Singh Son of Bashishth Singh Resident of Village- Punama Pratap Nagar, P.S.- Naugachia, District- Bhagalpur ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Naugachia P.S. Case No. 365 of 2022 dated 25.11.2022, instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code. 3. As per the prosecution case, in the evening of 24.11.2022, children of the Md. Zawed and Md. Babar were throwing sand of the informant upon which informant’s father asked them not to do so and thereafter, accused persons started abusing informant’s father. It is further alleged that in the next morning, informant’s father and his uncle went to the Md. Zawed and told him that his son was throwing sand and abusing them. It is further alleged that co-accused Md. Sallauddin along Patna High Court CR. MISC. No.24547 of 2025(2) dt.30-04-2025 2/3 with petitioner and others armed with lathi, iron rod, khanti, kachiya came at the place of occurrence and on the order of Md. Sallauddin, all accused persons assaulted the informant’s father and his uncle. It is further alleged that co-accused Md. Sallauddin assaulted informant’s father by means of iron rod as a result of which he died on the spot and co-accused Bano Khatoon assaulted informant’s uncle by means of kachiya as a result of which he sustained injury. 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation of assault against the petitioner rather the specific allegation of assault upon informant’s father is against co-accused, Md. Sallauddin and upon Md. Jahir (uncle of the informant) is against Bano Khatoon. It is next submitted that there is no whisper of any assault by the petitioner. It is further stated that similarly situated co-accused persons namely, Soni Khatoon and Bano Khatoon have been granted bail vide order dated 24.07.2023 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 29360 of 2023. It is further submitted that similarly situated severeal co-accused persons have also been granted bail by different Co-ordinate Benches of Patna High Court CR. MISC. No.24547 of 2025(2) dt.30-04-2025 3/3 this Court vide Annexure-P series. Lastly, it has been submitted that the petitioner is in custody since 05.02.2025 having no criminal antecedents and charge-sheet has been submitted in the case. 5. Learned A.P.P. has opposed the prayer for bail of the petitioner. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Naugachia in Naugachia P.S. Case No. 365 of 2022. Sankalp/- (Khatim Reza, J) U T