Vijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43287 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- FESHAR District- Aurangabad ====================================================== Vijay Kumar Singh S/o Ramchandra Singh R/o vill - Baghoi Kala, P.S. - Phesar, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

Ms.Vaishnavi Singh, Adv.

Mr.Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-08-2025 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Fesar P.S. Case No. 89 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 119(2), 3(5) of BNS, 2023 and Section 27 of the Arms Act.

3. According to the FIR, four named accused persons, including the petitioner, stopped the informant when he was going to market. At that time, the petitioner was having sword in his hand. Co-accused Manish Kumar Singh fired at the informant, but he was saved. Co-accused Appu Singh assaulted him with sticks on his head.

Patna High Court CR. MISC. No.43287 of 2025(2) dt.21-08-2025 2/3

4. The learned counsel for the petitioner has submitted that there is no allegation to inflict any kind of assault against the present petitioner. As a matter of fact, the informant himself fired at co-accused Manish Kumar Singh, who suffered firearm injuries and in this respect, a case has been lodged by the brother of Manish Kumar Singh. The petitioner is father of Manish Kumar Singh and that is why he has falsely been implicated in this case.

5. On the other hand, the learned counsel for the informant has submitted that five injuries are there on the person of the injured, amongst which one is grievous in nature i.e. on the nose of the informant.

6. There is no specific allegation against the petitioner to inflict any kind of assault. There is case and counter case. There is allegation against the informant himself that he fired at co-accused Manish Kumar Singh, who suffered firearm injuries.

7. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.43287 of 2025(2) dt.21-08-2025 3/3 Magistrate-IV, Aurangabad in connection with Fesar P.S. Case No. 89 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) kundan/- U T