Vikash Kumar @ Bishal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38432 of 2025 Arising Out of PS. Case No.-50 Year-2024 Thana- KIUL District- Lakhisarai ====================================================== Vikash Kumar @ Bishal S/O Birju Yadav @ Vrijanandan Yadav R/O VillageSingh Chak, PS- Kiul, Distt-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate :

Mrs. Rupa Sinha, Advocate :

Miss. Harshita, Advocate :

Mr. Umesh Prasad, Advocate For the State :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Kiul P.S. Case No. 50 of 2024 for the offence under Sections 341, 323, 325, 351(B), 379, 504 and 34 of the Indian Penal Code, lodged on 10.06.2024 by the informant Nitu Kumari.

3. As per the prosecution story, the informant alleged that while she was moving on motorcycle with husband for treatment of their infant child, the accused persons armed variously abused and assaulted her husband and also allegation is of taking away mobile phone. This led to the F.I.R.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.38432 of 2025(2) dt.25-06-2025 2/3 allegation of assault is on other accused persons who have since been granted relief in Cr. Misc. No. 81602 of 2024, only allegation against this petitioner is of taking away the Oppo mobile.

5. Learned APP opposes the prayer for bail submitting that allegation is there against the petitioner.

6. Considering the submissions of the parties as also that allegation of assault is not against this petitioner, others have been granted relief, as stated above, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Kiul P.S. Case No. 50 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.38432 of 2025(2) dt.25-06-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T