Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29898 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- AKHODHIGOLA District- Rohtas ====================================================== Vikash Kumar Son of Sri Devendra Singh R/O Vill- Jatan Bigha, P.S.- Akorhigola, District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh, Advocate Mr. Shankar Kumar, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP For the Informant :
Mr. Jai Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner; learned counsel for the informant and learned A.P.P. for the State.
2. Learned counsel for the petitioner seeks permission to make correction in prayer portion of the instant bail application in course of the day. Permission is granted.
3. The petitioner seeks bail in connection with Akorhiola P.S. Case No. 02 of 2025 dated 01.01.2025, instituted for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 and 103 of the Bharatiya Nyaya Sanhita, 2023.
4. The allegation against the petitioner is that he along with six other accused persons arrived with lathi, danda, rod at the house of informant and assaulted his wife due to which she
Patna High Court CR. MISC. No.29898 of 2025(3) dt.20-08-2025 2/3 succumbed to death. It is further alleged that when the informant, his son and nephew tried to save the wife of informant, then they were also assaulted by accused persons.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is specific allegation against co-accused Jay Prakash Kumar and Ravi Kumar that they assaulted on the head of informant's wife by means of lathi and iron rod respectively. There is no specific allegation against the petitioner rather the allegation levelled against the petitioner is general and omnibus in nature. Learned counsel further submitted that injury report reveals that the deceased received only two injury on her head and it is evident from the F.I.R. itself that co-accused persons namely, Jay Prakash Kumar and Ravi Kumar assaulted the deceased on her head. Lastly, it has been submitted that the petitioner is in custody since 30.01.2025 having no criminal antecedents and charge-sheet has been submitted in the case.
6. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner and submitted that petitioner was also involved in assaulting the wife of informant resulting in her death.
Patna High Court CR. MISC. No.29898 of 2025(3) dt.20-08-2025 3/3
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session JudgeII, Rohtas at Sasaram in Akorhiola P.S. Case No. 02 of 2025. (Khatim Reza, J) Sankalp/- U T