Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7973 of 2025 Arising Out of PS. Case No.-447 Year-2024 Thana- KHAJEKALA District- Patna ====================================================== Vishal Kumar S/o- Jamindar Ray @ Jimdar Yadav Resident of village- Chai Tola Gaouriya asthan PS-Malsalami District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri. Chandra Bhushan Prasad. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 191(2)/190/126/115(2)/109/352 of the B.N.S.

3.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is aged about 20 years and the informant alleges that on 12-10-2024 at 11 pm, while he was returning after seeing the fair and reached near Pansala market, when he was assaulted by a butt of gun from behind and became unconscious and thereafter his friend was also assaulted, next alleges that there were 7-8 accused and he identified the petitioner, who was sitting on a motorcycle, further he was taken to hospital.

Patna High Court CR. MISC. No.7973 of 2025(2) dt.06-03-2025 2/3 4.

The learned counsel for the petitioner next submits that the petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the petitioner alleges that he was assaulted from behind by butt of a gun on account of which he became unconscious, but then also alleges that he identified the petitioner which appears to be dichotomic. It is next submitted that the date of occurrence is 12-10-2024 and the FIR came to be instituted based on written complaint of the petitioner on 21-10-2024, i.e., after a delay of 9 days, which casts an aspersion on the case of the petitioner. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khajekalan P.S. Case No. 447 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.7973 of 2025(2) dt.06-03-2025 3/3 under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) SUMIT/- U T