Vikrant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39682 of 2025 Arising Out of PS. Case No.-234 Year-2020 Thana- KESARIA District- East Champaran ====================================================== 1.

Vikrant Kumar Son of Surendra Sah Resident of Village- West Khijirpura, P.S.- Kesariya, District- East Champaran (Bihar) 2.

Ranjeet Kumar Son of Prabhanand Sah Resident of Village- West Khijirpura, P.S.- Kesariya, District- East Champaran (Bihar) 3.

Prakash Kumar Son of Shyamsundar Sah Resident of Village- West Khijirpura, P.S.- Kesariya, District- East Champaran (Bihar) 4.

Rupesh Kumar Son of Shambhu Sah Resident of Village- West Khijirpura, P.S.- Kesariya, District- East Champaran (Bihar) 5.

Akash Kumar Son of Shyamsundar Sah Resident of Village- West Khijirpura, P.S.- Kesariya, District- East Champaran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Geeta Kumari, Advocate For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per F.I.R., informant namely Raja Kumar alleged that on 08.06.2020 at about 7:30 PM, when his aunt Mina Devi and Lalita Devi were returning after attending nature's call, in the meantime, all the F.I.R. named accused

Patna High Court CR. MISC. No.39682 of 2025(2) dt.29-07-2025 2/3 persons including these petitioners misbehaved with them and attempted to outrage their modesty. It is further alleged that the accused persons also assaulted informant his family members and snatched gold chain from the neck of informant.

4. Learned counsel appearing for the petitioners submits that due to dispute regarding land, scuffle took place between the parties. Allegation of assault is general and omnibus. Injury allegedly caused by these petitioners are simple in nature. Rest of the allegations are ornamental only to make the case grave. Petitioners claim clean antecedent.

5. Learned counsel for the State opposed the bail application and submits that there is specific accusation against petitioner No. 3 that he assaulted Mina Devi and doctor has found one of the injuries caused by petitioner no. 3 to be grievous in nature.

6. In view of the fact that petitioner No. 3 caused grievous injury, prayer for anticipatory bail of petitioner No. 3 is refused. However, considering the nature of accusation and clean antecedent against petitioner Nos. 1, 2, 4 & 5, the anticipatory bail with regard to petitioner Nos. 1, 2, 4 & 5 is allowed and it is ordered that the above named petitioner Nos. 1, 2, 4 & 5 in the event of their arrest/surrender before the court

Patna High Court CR. MISC. No.39682 of 2025(2) dt.29-07-2025 3/3 below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Kesariya P. S. Case No. 234 of 2020, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T