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Patna High CourtCR. MISC./32109/2025allowed

Vivek Kumar Singh @ Vivek Kumar @ Bibek Singh v. The State Of Bihar

2025-08-20Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32109 of 2025 Arising Out of PS. Case No.-391 Year-2024 Thana- MANJHI District- Saran ====================================================== Vivek Kumar Singh @ Vivek Kumar @ Bibek Singh Son of Ashok Singh Resident of village -Mathanpura PS- Manjhi District -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-08-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Manjhi P.S. Case No. 391 of 2024, registered for the offences punishable under Sections 115(2), 126(2), 118(1), 352 of the BNS.

3. On the fateful day, while the informant was standing at his door, in the meanwhile, the petitioner came there and started abusing and mishandling the mother of the informant. When the informant went for rescue of his mother, the petitioner inflicted a knife blow over the right side of his abdomen and fled away.

4. Learned Advocate for the petitioner contended that though the fardbeyan of the informant was recorded on 05.12.2024 but surprisingly it was sent to the concerned police

Patna High Court CR. MISC. No.32109 of 2025(3) dt.20-08-2025 2/3 station on 08.12.2024 and later on before the juisdictional court on 16.12.2024 and as such deliberation cannot be ruled out. It is further submitted that in fact on account of scuffle, a free fight took place resulting into some unfortunate injury but later on the informant in order to put pressure has made a concocted story of causing knife blow. The injury report has been placed on record as Anneuxre-2 to the application. Referring thereto, it is submitted that though the injury is said to be simple in nature but the doctor opined that it may lead to death. It is lastly contended that be that as it may the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the informant was fortunate enough that he sustained simple injury, however there was every chance that he may lose his life caused by stabbing.

6. Having considered the submissions set forth by the learned Advocates for the respective parties and taking note of the injury report as also the fact that both the parties are next door neighbours, apart from fair antecedent of the petitioner, let the petitioner abovenamed be released on bail, in the event of

Patna High Court CR. MISC. No.32109 of 2025(3) dt.20-08-2025 3/3 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.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Saran at Chapra in connection with Manjhi P.S. Case No. 391 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further conditions: (i) that one of the bailors shall be the own/close family members of the petitioner, (ii) that the petitioner shall not indulge in any criminal activity, tamper with the evidence or influence the witnesses. (iii) that in case the petitioner shall be found indulge in intimidating the witnesses or tampering with the evidence, the informant shall be at liberty to file an application for cancellation of the bail of the petitioner.

(Harish Kumar, J) Anjani/- U T