Vicky Mahto @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42588 of 2026 Arising Out of PS. Case No.-416 Year-2025 Thana- AGAMKUAN District- Patna ====================================================== Vicky Mahto @ Vikash Kumar S/o Sadhu Mahto @ Rajiv Ranjan R/o Rupas Colony, Kumhrar, P.S.- Agamkuan, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Agamkuan P.S. Case No.416 of 2025, FIR dated 25.05.2025, registered for the offence punishable under Sections 191(2), 191(3), 126(2), 115(2), 109, 76, 308(3), 303(2), 352, 351(3) of the Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioner along with other co-accused persons, allegedly demanded Rs.5,00,000/- as extortion money and exhorted the co-accused to kill the informant, who was thereafter assaulted with deadly weapons, causing injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.42588 of 2026(2) dt.01-07-2026 2/3 case. There is an inordinate delay of about three days in lodging the FIR, which would create a doubt over the prosecution story. It is further submitted that, for the same and similar incident, there is a case and counter case between the parties, and both the sides sustained simple injuries. For keeping sand near the house of the petitioner, a request was made to the informant, and on refusal, an altercation is said to have taken place. Both the sides are agnates. It is further submitted that the informant is said to have videographed the incident, and the same was produced before the learned court below during the course of hearing, which would suggest the reasons behind the said altercation. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case and taking into account that the injuries are simple in nature and the delay in FIR, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.42588 of 2026(2) dt.01-07-2026 3/3 the learned ACJM-IV, Patna City/Successor Court in connection with Agamkuan P.S. Case No.416 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the 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;
(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) shikha/- U T