Vishal Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8463 of 2025 Arising Out of PS. Case No.-282 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Vishal Kumar @ Santosh Kumar S/O Panna Lal Yadav R/O VillageNaulakha, P.S- Kasim Bazar, District- Munger. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Jha, Adv For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Kasim Bazar P.S. Case No. 282 of 2024 registered for the offences punishable under Section 109, 352, 3(5), 35(a) of the B.N.S.

3. The allegation against the petitioner is to open firing upon mother of the informant where bullet hit to her cheek causing penetrating wound, where occurrence alleged to be arising out of previous enmity.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.8463 of 2025(2) dt.06-03-2025 2/3 petitioner submitted that prior to this occurrence uncle of this petitioner lodged a case against informant side, which has been registered as Kasim Bazar P.S. Case No. 55 of 2024 and to counter the aforesaid case present false case was lodged, which is apparent from injury report of the injured mother of informant. It is submitted that upon medical examination it is clearly pointed out that injury received by mother of the informant was out of hard and blunt substance and not caused by firearm, whereas no such injury was found upon cheek rather upon upper lip which was only found bleeding. It is submitted that with such simple injury entire occurrence appears false. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of aforesaid facts and circumstances and by taking note of the fact as upon medical examination injury as alleged to be caused to mother of the informant not appears to be caused by firearm rather by hard and blunt substance, which found simple in nature, accordingly the

Patna High Court CR. MISC. No.8463 of 2025(2) dt.06-03-2025 3/3 petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger/concerned trial Court where the case is pending in connection with Kasim Bazar P.S. Case No. 282 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) BNSS, with a condition:- (i) Learned Trial Court is directed to check whether injury report of mother of informant is corroborating to the aforesaid statement, while accepting the bail bond and if, it is found contrary to the statement, bail bond of petitioner shall not be accepted.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T