Vickey Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10412 of 2025 Arising Out of PS. Case No.-3 Year-2024 Thana- KIUL District- Lakhisarai ====================================================== 1.
Vickey Kumar S/O Basant Yadav R/O Village- Goddih, P.S- Kiul, Distt.- Lakhisarai (Bihar).
2.
Vijay Kumar S/O Basant Yadav R/O Village- Goddih, P.S- Kiul, Distt.- Lakhisarai (Bihar).
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Komal Devi W/O Manish Yadav R/O Village- Vrindavan, P.S- Kiul, Distt.- Lakhisarai (Bihar).
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lalan Kumar For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 453, 379, 511,, 376, 452, 420, 324, 307 and 34 of the Indian Penal Code and Section 4 of POCSO Act.
3. The learned counsel appearing on behalf of the petitioners submits that from perusal of the office report dated 13.11.2025, it would manifest that opposite party no.2 received the notice in person. It is submitted that the opposite party no.2 despite receiving notice chooses not to appear.
Patna High Court CR. MISC. No.10412 of 2025(5) dt.14-11-2025 2/3
4. It is next submitted that Binni Kumar @ Badal Kumar had approached this Court seeking regular bail by filing Cr. Misc. No.82043 of 2024 and the same was allowed by an order dated 05.03.2025. It is next submitted that while granting the regular bail to Binni Kumar this Court had considered the case on merit and in detail. It is next submitted that petitioners are not named in the FIR and they came to be implicated in the instant case for the reason that they are brothers of Binni Kumar. It is submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that on 05.01.2024 at 1.00 A.M., she woke up to attend the call of nature, when she noticed the person standing at the door of her sister in-law.
Accordingly, she asked about his identity on which the accused misbehaved with her and thereafter climbed on the roof and jumped down on which the informant raised an alarm when family members woke up and they saw that the person who fell and got injured was Binni Kumar. It is next submitted that the informant also does not allege presence of any other person apart from Binni Kumar.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.10412 of 2025(5) dt.14-11-2025 3/3 counsel for the petitioners and taking into consideration the order dated 05.03.2025 in Cr. Misc. No.82043 of 2024, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each 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 Kiul P. S. Case No.5802056240003 of 2024, subject to the conditions laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T