Vikash Kumar @ Motiya @ Moti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10727 of 2026 Arising Out of PS. Case No.-303 Year-2025 Thana- TEGHRHA District- Begusarai ====================================================== Vikash Kumar @ Motiya @ Moti Kumar S/O Binod Singh @ Vindo Singh R/O Village- Madhurapur, Dakshinwari Tola, Ward No. 27, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amritesh Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 115(2), 126(2), 109, 351(2), 308(4), 303(2) and 3(5) of B.N.S.

3. The case of the prosecution is that the petitioner has assaulted with the butt of the gun on the head of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that there is also a counter version of this case and he has fairly submitted that petitioner is having criminal antecedent of twelve cases. It has further been submitted that from perusal of the injury report which is Annexure P/3, it will transpire that the nature of injury is simple as it is alleged that the petitioner was having a gun and he

Patna High Court CR. MISC. No.10727 of 2026(3) dt.25-02-2026 2/2 has only assaulted with the butt it shows that, he was not having any intention to kill otherwise, he would have fired. It is further submitted that similarly situated co-accused, namely, Abhay Kumar @ Ghunghuru Singh has already been granted bail by a Bench of this Court vide order dated 22.01.2026 passed in Cr. Misc. No. 88840. Moreover, the petitioner is languishing in judicial custody since 28.10.2025.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of regular bail. It is further submitted that petitioner is having criminal antecedent and he has injured the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Teghra P.S. Case No. 303 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.

(Ashok Kumar Pandey, J) Jagdish/- U T