Bikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39281 of 2025 Arising Out of PS. Case No.-427 Year-2024 Thana- ALOULI District- Khagaria ====================================================== 1.
Bikash Kumar S/o Sushil Yadav R/o Village- Bhikhari Ghat, P.S.- Allauli, District- Khagaria 2.
Pradeep Yadav S/o Late Domi Yadav R/o Village- Bhikhari Ghat, P.S.- Allauli, District- Khagaria 3.
Nitish Kumar S/o Pradeep Yadav R/o Village- Bhikhari Ghat, P.S.- Allauli, District- Khagaria 4.
Sushil Yadav S/o Late Domi Yadav R/o Village- Bhikhari Ghat, P.S.- Allauli, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-07-2025 Heard Mr. Santosh Kumar Singh, learned counsel for the petitioners and Mr. Nirmal Kumar Sinha, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Allauli P.S. Case No. 427 of 2024 instituted for the offence under Sections 191(2), 191(3), 190, 115(2), 76, 109, 308(3), 352, 351(2) of the B.N.S.
3. The case of the prosecution is that the horse of Pradeep Yadav was grazing the grass in the field of informant,
Patna High Court CR. MISC. No.39281 of 2025(2) dt.01-07-2025 2/3 when the informant went to complain, the petitioners along with others arrived there and started abusing. It is specifically alleged that Vikash Kumar assaulted with farsa on the head of Raghubir Yadav, due to which, he received head injuries.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that the nature of allegation against other petitioners are general and omnibus. It has also been submitted that there is also a counter version of this case. Petitioners and accused person are cognates. From perusal of the impugned order, it transpires that only the injury of Ashok Yadav was found grievous whereas none of the petitioners are assailants of Ashok Yadav. Vikash Kumar has assaulted with farsa on the head of Rabghubir Yadav. The learned trial court has recorded that only the injuries of Ashok Yadav are grievous in nature. It is further submitted that a statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this
Patna High Court CR. MISC. No.39281 of 2025(2) dt.01-07-2025 3/3 Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Allauli P.S. Case No. 427 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistate, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Sudhanshu/- U T