Vishal Kumar @ Vishal Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37998 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- KATRA District- Muzaffarpur ====================================================== Vishal Kumar @ Vishal Kunwar S/o Lalan Kunwar R/o Village- Tehwara, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Krishna Jha, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Katra P.S. Case No. 74 of 2025 dated 31.03.2025 registered for the offences punishable u/ss 191(2), 191(3), 126(2), 115(2), 109, 303, 333, 351(2), 351(4) of the B.N.S.
3. As per the prosecution case, due to land dispute, on 26.03.2025, the petitioner and the co-accused persons along with 4 to 5 unknown persons variously armed with weapons came to the house of the informant and started abusing him. The co-accused, Prashant Kunwar @ Toofan assaulted the informant with butt of pistol causing injury on his left temple. Thereafter, the informant was assaulted with lathi, danda, legs and fists by the accused persons. When the informant's wife came to rescue the informant, the co-accused, Ramashankar dragged her by catching hold of her
Patna High Court CR. MISC. No.37998 of 2025(4) dt.21-07-2025 2/3 hair and the co-accused, Lalan Kunwar assaulted her with an iron rod causing injury on her left eye. The informant's brother Anil Kunwar came to rescue him then the co-accused, Pawan Kunwar assaulted him with brick causing injuries on his eye and nose. When the informant's son came to rescue, the co-accused, Prashant Kumar assaulted him with the butt of pistol causing injury on his left forehead and left eye. The informant's son was also assaulted with lathi, danda and iron rod causing injuries on his left hand, head and back. When Rinki Devi came to rescue, the accused persons dragged her by catching hold of her hair and the petitioner, Vishal Kunwar and the co-accused, Ashok Kunwar assaulted her with an iron rod causing injury on her head.
The accused persons snatched the golden chain from the neck of the informant's wife and also snatched Rs. 50,000/- in cash from the pocket of Anil Kunwar. It is further alleged that the accused persons also snatched Rs. 15,000/- in cash from the pocket of the informant. Thereafter, the villagers took the injured to the hospital for treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that as per the injury report of the injured Ranki Devi, the nature of injury has not been mentioned. Learned
Patna High Court CR. MISC. No.37998 of 2025(4) dt.21-07-2025 3/3 counsel has further submitted that no significant abnormality detected and the doctor has mentioned only pain on head. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 15.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur (East) in connection with Katra P.S. Case No. 74 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T