Vikash Kumar @ Bikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16547 of 2025 Arising Out of PS. Case No.-545 Year-2024 Thana- JAMUI District- Jamui ====================================================== Vikash Kumar @ Bikas Kumar Son of Yogendra Sah Resident of Village - Bhola Nagar, Satgama, P.O. and P.S.- Jamui, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mishra, Adv.
Mr. Ashok Kumar, Adv.
For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Jamui P.S. Case No. 545 of 2024, registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 329(4), 308(4), 308(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly all the FIR named accused persons entered into the house of the informant and it is specifically alleged that co-accused Pinki and Rinki caught hold the informant and when the husband of the informant came to her rescue, the petitioner assaulted him by means of butt of pistol over his head, due to which he sustained serious injury. There is
Patna High Court CR. MISC. No.16547 of 2025(3) dt.14-05-2025 2/3 further allegation of causing assault levelled against other accused persons.
4. Learned Advocate for the petitioner taking this Court through the FIR has contended that the genesis of the occurrence is said to be a land dispute. In fact, the occurrence alleged to have taken place on 26.08.2024 at about 09:00 PM, but surprisingly, the FIR came to be filed on 29.08.2024, without there being any plausible explanation for delay. The injury which is said to have been sustained to the husband of the informant also does not find bona fide one, inasmuch as, the injured was referred to PMCH for treatment but he got examined by the private Doctor and moreover, the same has been found to be simple in nature; but the private Doctor has only added that it may be dangerous to life. The petitioner bears fair antecedent and he has just now completed his diploma course in Civil Engineering and preparing for competitive examination to get a job, hence submission has been made that if the petitioner would be sent behind the bar, his entire career would be jeopardize.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that specific allegation of assault has been made against the petitioner.
6. Regard being had to the submissions made on
Patna High Court CR. MISC. No.16547 of 2025(3) dt.14-05-2025 3/3 behalf of the parties and considering the delay in lodging of the FIR, coupled with the nature of injury and the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 545 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T