Vikas Kumar @ Jaykant Kumar @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17056 of 2025 Arising Out of PS. Case No.-313 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Vikas Kumar @ Jaykant Kumar @ Vikash Kumar S/o Shyam Lal Rai Resident of Vill.- Bhadwar Eksha Bhagat ke Tola, P.S.- Chandi, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-03-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Chandi P.S. Case No. 313 of 2023 dt: 27.11.2023 registered under Sections 341, 323, 325, 307, 504, 506, 34 of the I.P.C.
3. The prosecution case as per the first information report is that on 24.11.2023 in the afternoon the F.I.R. accused persons including the petitioner started abusing the informant and upon the orders of the co-accused Kishundev Rai all the accused persons started assaulting the informant and the petitioner Vikash Kumar assaulted the informant on his head with iron rod with intention to kill him.
4. Learned counsel fore the petitioner submits that petitioner
Patna High Court CR. MISC. No.17056 of 2025(2) dt.17-03-2025 2/3 has been implicated in this case due to land dispute. Both the parties are co-villagers and entire family members have been made accused in this case. The first information report has been lodged after a delay of three days inasmuch as occurrence took place on 24.11.2023 whereas the F.I.R. has been lodged on 27.11.2023. Referring to the injury report, he submits that no apparent injury has been caused to the informant on his head and the doctor has opined in the injury report as grievous in nature due to fracture of second metacarpus near the right palm which is non vital part of the body. The allegation against the petitioner is general and omnibus in nature. Similarly situated co-accused Akhilesh Kumar @ Akhilesh Rai has been granted anticipatory bail by this court vide order dated 02.12.2024 passed in Cr. Misc. No. 78146 of 2024.
5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that both the parties are co-villagers, there is land dispute between the parties and similarly situated co-accused has been granted anticipatory bail accordingly I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the
Patna High Court CR. MISC. No.17056 of 2025(2) dt.17-03-2025 3/3 court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in connection with Chandi P.S. Case No. 313 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T