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Patna High CourtCR. MISC./46027/2025allowed

Vicky Kumar v. The State Of Bihar

2025-08-04Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46027 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Vicky Kumar S/O Devendra Singh @ Devendra Prasad R/O Vill - Sipaah Khas, P.S. - Manjhagarh, Distt.- Gopalganj, Bihar 2.

Bablu Kumar S/o Sharma Manjhi R/o vill - Sipaah Khas, P.S. - Manjhagarh, Distt.- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Raj, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard Mr. Priya Raj, learned counsel for the petitioners and Mr. Uday Chand Prasad, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Manjhagarh P.S. Case No. 146 of 2025 instituted for the offence under Sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the B.N.S.

3. The case of the prosecution is that the petitioners have assaulted with a knife on the head and neck of the informant's son with an intention to kill.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.46027 of 2025(2) dt.04-08-2025 2/3 petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that the occurrence took place on 02.05.2025, whereas the FIR has been lodged on 04.05.2025 i.e., with a delay of two days, which is not explained. He next submits that from perusal of the order of the trial court, it will transpire that though the injury no. 1 is grievous, yet the same is caused by hard and blunt substance. He further submits that the allegations and the injury does not co-relate and the delay is not explained. It has lastly been 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 and submits that from perusal of the FIR, it is clear that there is an allegation that the injury was caused by knife.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this 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 Manjhagarh P.S. Case No. 146

Patna High Court CR. MISC. No.46027 of 2025(2) dt.04-08-2025 3/3 of 2025, 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 Additional Chief Judicial Magistrate-VI, Gopalganj, subject to the conditions as laid down under section 482(2) of the B.N.S.S. (Ashok Kumar Pandey, J) Sudhanshu/- U T