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2025 DAILYLAW 95441 (PAT)

Vivek Singh @ Vivek Kumar Singh @ Bholi Singh @ Vinek Singh v. The State of Bihar

CR. MISC./62351/2025 · 2025-11-18

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62351 of 2025 Arising Out of PS. Case No.-746 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Vivek Singh @ Vivek Kumar Singh @ Bholi Singh @ Vinek Singh S/O- Hareshwar Singh @ Hareshwar Kumar Singh R/O Vill- Bishunpura, P.S.- Chapra Muffasil, District- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 18-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Chapra Muffasil P.S. Case No. 746/2024 dated 29.12.2024 registered for the offences punishable u/ss 191(2), 190, 126(2), 115(2), 118(1), 109, 117(2), 74, 352, 351(2) of the B.N.S. 3. As per the prosecution case, the petitioner and the co-accused persons came holding sword, farsa, garasa, iron rod lathi and danda and started abusing by calling caste name. On protest, the co-accused, Suraj Singh started abusing and exhorted to kill them. On hearing this, the co-accused, Lalu Singh with an intention to kill assaulted the informant with Patna High Court CR. MISC. No.62351 of 2025(3) dt.18-11-2025 2/3 sword, causing injury on her hand and the co-accused, Deorath Singh assaulted her with iron rod, causing injury on her another hand. On halla, Bigni Devi came then the co-accused, Suraj Singh assaulted her with sword on her head and the co-accused, Deorath Singh assaulted her with iron rod, causing head and hand injury. The co-accused, Raghuvansh Singh assaulted Sandeep Mahto with sword causing hand injury. The co- accused, Triloki Singh and his son, Bhola Singh assaulted Shamsundar Mahto with sword and farsa and other accused persons also assaulted him with lathi, danda and farsa. The co- accused, Nitish Kumar Singh assaulted Ranjeet Mahto with sword due to which he fell on the ground, thereafter, the co- accused Sujeet Singh with iron rod and the co-accused, Papul Singh with lathi assaulted Ranjeet Mahto, causing injury. The co-accused, Chaneswar Singh assaulted Sikandar Mahto with farsa and other accused persons also assaulted him with lathi- danda iron rod with an intent to kill, causing head injury. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is a case and counter-case between the parties. There is no specific allegation against the Patna High Court CR. MISC. No.62351 of 2025(3) dt.18-11-2025 3/3 petitioner rather the specific allegation of assaulting the informant with sword is against the co-accused, Lalu Singh. As per the Injury Report of Ramawati Devi, the injury is simple in nature. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.05.2025. The co-accused person has already been granted regular bail by this Court vide order dated 25.08.2025 passed in Cr. Misc. No. 57147 of 2025. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 746/2024. 7. The application stands allowed. shivam/- (Chandra Prakash Singh, J) U T