Vishal Kumar @ Akshay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42219 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- Parasi District- Arwal ====================================================== 1.
VISHAL KUMAR @ AKSHAY KUMAR S/o AMAR NATH SINGH @ AMAR SINGH RESIDENT OF VILLAGE-BABHWAN BIGHA, P.S.- PARASI, DISTRICT-ARWAL 2.
AMAR NATH SINGH @ AMAR SINGH S/O LATE RAM ISHWAR SINGH R/O VILLAGE-BABHWAN BIGHA, P.S-PARASI, DISTRICTARWAL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Advocate For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP For the Informant :
Mr. Yogendra Kumar Dwivedi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-10-2025 Heard Mr. Mukesh Kumar, learned counsel for the petitioners, Mr. Yogendra Kumar Dwivedi for the informant and the State.
2. The petitioners are apprehending arrest in connection with Parasi P.S. Case No. 34 of 2025 instituted under Sections 127(2), 115(2), 109, 303(2) and 61(2) of the Bhartiya Nayay Sanhita, 2023 lodged on 27.03.2025 by the informant, Rohit Kumar.
3. As per the prosecution story, the allegation is that on the issue that the petitioners are responsible for breaking the marriage that was to be solemnized in their relative, as they
2/4 went to attend nature's call, these petitioners alongwith some others after tying him with a tree assaulted. He was sent for treatment which followed the FIR.
4. In this case, case diary was called for by the coordinate bench and learned counsel for the petitioners has taken this Court to the injury report submitted by the government hospital to show that the same has been found to be simple in nature and no significant mark has been found on the body of the informant. Further submission is that since all of them are co-villagers, irrespective of the outcome of the present case and/or accepting the allegation, the petitioners intend to contribute Rs.7500/- each (totalling Rs. 15,000/-) through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant after checking the credential.
5. The informant is appearing and has shown some photographs which are part of the counter affidavit to show that he was tied with a tree and assaulted by the accused persons including these petitioners and as such the prosecution story cannot be doubted.
6. The allegation is there, the petitioners will face the
3/4 music, the injury report shows that it is simple in nature, in that background, taking into account the aforesaid facts, this Court is inclined to extend them the privilege of anticipatory bail subject to payment of Rs.7500/- each (totalling Rs. 15,000/-) through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant after checking the credential.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Parasi P.S. Case No. 34 of 2025 to the satisfaction of learned C.J.M., Arwal subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners 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 their
4/4 bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(v) the petitioners 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;
(vi) the petitioners 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. (Rajiv Roy, J) Ravi/- U T