Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36054 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- JAMALPUR District- Munger ====================================================== Vishal Kumar S/o Late Jayram Tanti R/o Ward No. 1, Daulatpur, P.O. and P.S.- Jamalpur, Dist.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Jamalpur P.S. Case No.42 of 2025 lodged on 02.03.2025 under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the BNS.

3. As per the prosecution, FIR has been lodged against 4 named accused persons including the petitioner with allegation that the informant and his son were sitting at chowk and purchasing vegetables. In the meantime, accused persons reached and started abusing and assaulted by iron rod, knife and

Patna High Court CR. MISC. No.36054 of 2025(2) dt.05-06-2025 2/3 lathi, due to which injury has been caused on head of informant's son and he becomes unconscious.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner has been falsely implicated in the present case. He further submits that the petitioner and informant are well known to each other.

5. Counsel submits that for the same date and place of occurrence, there is case and counter-case lodged from both the side. The informant has lodged case i.e., Jamalpur P.S. Case No.42 of 2025 (present case) and the petitioner has lodged case i.e., Jamalpur P.S. Case No.43 of 2025.

6. Learned Counsel further submits that petitioner is in custody since 03.03.2025 having clean antecedent. He further submits that injury has been caused from both the side.

7. Learned counsel for the State opposes the prayer for bail and submits that from the pleading, it transpires that one counter-case has also been filed by the mother of the petitioner against the informant.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/-

Patna High Court CR. MISC. No.36054 of 2025(2) dt.05-06-2025 3/3 (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of C.J.M., Munger in connection with Jamalpur P.S. Case No.42 of 2025, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Dr. Anshuman, J.) Prakashmani/- U T