Vikky Kumar @ Vikash Kumar @ Vikash Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42505 of 2026 Arising Out of PS. Case No.-110 Year-2025 Thana- Amhara District- Lakhisarai ====================================================== Vikky Kumar @ Vikash Kumar @ Vikash Mandal S/O Ashish Mandal @ Ramashish Mandal R/O Village- Ramnnar, PS- Amahara, Distt-Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 01-07-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Amahara P.S. Case No. 110 of 2025, F.I.R dated 21.10.2025 registered for the offences punishable under Sections 126 (2), 115 (2), 109, 74, 303 (2), 352, 351 (2) 3 (5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 18.10.2025 around 02:00 to 03:00 P.M., the informant was sitting in her cattle shed when three accused persons, namely Vicky Kumar, Sunny Kumar and Roshan Kumar, allegedly arrived on a motorcycle in an intoxicated condition and started abusing her son. Upon protest, they allegedly assaulted him. It is alleged that Vicky Kumar struck the informant's husband, Varun Yadav, on
2/4 the forehead with an iron rod, causing a serious head injury, and all the accused further assaulted him. The informant further alleged that when she intervened, the accused misbehaved with her, pushed her to the ground, snatched her gold chain and took Rs. 5,000/- from her husband's pocket. On raising alarm, the accused allegedly fled after extending threats. It is further alleged that on the same day at about 8:00 P.M., the said accused persons along with 10-15 unknown persons, armed with lathis and other weapons, came to the informant's cattle shed, searched for her husband and son, abused and threatened the informant, and directed her to remove the cattle shed and leave the locality.
4. Learned counsel for the petitioner submits that there is a case and counter-case for the allegations leveled against the petitioner in the F.I.R. Both sides are said to have been sustained injuries. There is nothing specific against this petitioner, while other co-accused persons, namely Raushan Kumar and Sanni Kumar, for similar allegations, have been allowed anticipatory bail by a co-ordinate Bench in CWJC No. 39657 of 2026. It is submitted that the injuries sustained have been found to be simple in nature. The petitioner has got clean antecedent.
5. Learned APP for the State opposes the prayer for
3/4 anticipatory bail in respect of this petitioner.
6. Considering the aforesaid fact that there is a case and counter-case and both sides having sustained injuries, which is said to have been simple in nature and the petitioner having clean antecedent, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Lakhisarai in connection with the aforesaid P.S. Case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) 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/their bail bond by the Trial Court itself;
4/4 (iii) the petitioner(s) 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; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J) surya/- U T