Vikash Kumar @ Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30913 of 2025 Arising Out of PS. Case No.-674 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Vikash Kumar @ Vikas Kumar, son of Late Nathuna Singh @ Nathun Sigh, Village- Ghoda Dihri, PS- Shivganj (Madanpur) District -Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-08-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Fatehpur P.S. Case No. 674 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109, 303(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. On the fateful day, while the informant was at his house, in the meantime, the petitioner along with Dipak Kumar armed with Iron rod and Khanti barged into the house and assaulted the informant. It is specifically alleged that the petitioner assaulted the informant by means of Khanti over his head, due to which he sustained head injuries. In order to rescue the informant, when his wife and children came there, they were also assaulted by the petitioner and other accused persons. There
Patna High Court CR. MISC. No.30913 of 2025(3) dt.13-08-2025 2/3 is allegation of snatching of valuables.
4. Learned Advocate for the petitioner submitted that the genesis of the occurrence is a land dispute on account of flowing of drainage, due to which both the parties have entered into a scuffle and persons of both the sides sustained injuries. However, the petitioner has not instituted the F.I.R., but the informant lodged the present case. Both the parties are own Gotias. Moreover, the injuries, which are said to have been sustained to the informant and others all of them have been found simple in nature, as is evident from the impugned order. The petitioner undertakes that he will fully cooperate in the investigation or in the proceeding of the court and would not indulge in such type of activity in future.
5. On the other hand, learned APP for the State opposes the bail application and submits that on account of assault made by the petitioner, the informant sustained injuries on his vital part of the head.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the genesis of the occurrence, coupled with the close proximity between the parties, as also the fair antecedent and simple injury, let the petitioner, named above, in the event of his arrest or surrender
Patna High Court CR. MISC. No.30913 of 2025(3) dt.13-08-2025 3/3 before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 674 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T