Bikky Yadav @ Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36146 of 2025 Arising Out of PS. Case No.-403 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Bikky Yadav @ Vikky Kumar S/O Kuldeep Yadav Resident Of VillageMansarpur, PS- Sabour, Distt-Bhagalpur 2.

Nikku Yadav @ Nikku Kumar S/O Kuldeep Yadav Resident Of VillageMansarpur, PS- Sabour, Distt-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-06-2025 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Sabour PS case no. 403 of 2024 dated 23.11.2024, disclosing offences punishable under Section 126(2) and other allied sections of the B.N.S.S. 2023.

3.

The prosecution story, as per the First Information Report, is that on 23.11.2024 at about 7.30 pm, the informant along with other persons was returning home and no sooner than they reached near Muslim Tola, petitioners along with other accused persons; total 09 in numbers surrounded the informant and co-accused Anuj Yadav repeatedly stabbed on the abdomen

Patna High Court CR. MISC. No.36146 of 2025(2) dt.18-06-2025 2/3 and head of the informant while the other accused persons were holding the informant. It has further been alleged that when Anuja Devi along with other persons came to rescue the informant, the said Anuja Devi also sustained sharp cutting injury on her right hand.

4.

Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to previous dispute and both parties are co-sharers and agnates. Referring to paragraph no. 8 of the petition, learned counsel submits that injuries sustained by informant and Anuja Devi are simple in nature. Petitioners are stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are agnates and co-sharers, specific allegation of stabbing is against co-accused Anuj Yadav, no specific overt act has been alleged against the petitioners and injuries sustained by the victims are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners. 6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be

Patna High Court CR. MISC. No.36146 of 2025(2) dt.18-06-2025 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour PS case no. 403 of 2024, subject to the condition laid down under Section 482(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T