Vibhishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39876 of 2025 Arising Out of PS. Case No.-598 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Vibhishan kumar S/O Surendra Mahto Resident of Village- Rupau, P.S.- Rupau, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Kawakol P.S. Case No. 598 of 2023 registered for the offences punishable under Sections 341, 323, 354, 307, 379, 504 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused persons came in the house of the informant and started abusing and assaulting the informant and his family members by means of iron khanti, lathi, danda due to which younger sister of the informant, namely, Usha Kumari got head injury. It is also alleged that accused persons have also snatched Mangalsutra from the neck of

Patna High Court CR. MISC. No.39876 of 2025(2) dt.25-06-2025 2/3 the informant's mother.

4. Learned counsel for the petitioner submits that petitioner has been falsely been implicated in this case. He next submits that petitioner and informant are agnates and petitioner is own cousin of informant and the present case has been lodged due to admitted land dispute going on between the parties. He further submits that two accused persons, namely, Surendra Mahto and Seema Devi have granted bail by the learned Trial Court. He next submits that from perusal of the injury report of the injured, namely, Usha Kumari, it has been examined as '(1)lacerated wound on forehead with muscle deep bleeding and (2) pain at whole body' and the opinion is kept as reserved. He next submits that petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned counsel for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner, let the above named petitioner be released on bail in the event of his arrest or surrender before the trial

Patna High Court CR. MISC. No.39876 of 2025(2) dt.25-06-2025 3/3 court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Kawakol P.S Case No. 598 of 2023 subject to the condition laid down under Section 438(2) of Cr.P.C. with the further condition that the petitioner shall remain physically present on each and every date as fixed by the learned Trial Court. (Ramesh Chand Malviya, J) Harshita/- U T