Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45918 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Madhusudanpur District- Bhagalpur ====================================================== 1.
Vishal Kumar S/o- Mantu Yadav @ Mantoo Kumar Village- Kanjhiya PSMadhusudanpur Distt- Bhagalpur 2.
Gaurav Kumar S/o- Ranjeet Yadav Village- Kanjhiya PS- Madhusudanpur Distt- Bhagalpur 3.
Rahul Kumar S/o- Kishor Kumar Yadav Village- Kanjhiya PSMadhusudanpur Distt- Bhagalpur 4.
Prashant Kumar S/o- Binod Yadav Village- Kanjhiya PS- Madhusudanpur Distt- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rana Hason, Advocate Mrs. Homa Yunus, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Madhusudanpur P.S. Case No. 12 of 2025 instituted for the offence under Sections 126(2), 115(2), 109, 303(2), 351(2)(3), 352 and 3(5) of Bhartiya Nyaya Sanhita.
3. The case of the prosecution is that the petitioners along with others being armed with lathi and iron rod arrived. It is further alleged that Gaurav Kumar ordered to kill and on his
Patna High Court CR. MISC. No.45918 of 2025(2) dt.05-08-2025 2/3 order, Raman, Khelan and Ankit assaulted with iron rod on the whole body of the informant.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Learned counsel for the petitioners has submitted that from perusal of the FIR, it is clear that the only allegation against petitioner no. 2 Gaurav Kumar is that he has ordered, the specific allegation is against Raman, Khelan and Ankit. The nature of allegation against these petitioners is general and omnibus.
5. In contra, learned APP appearing for the State has conceded to the argument of the learned counsel for the petitioners that the nature of allegation is general and omnibus. It is further submitted that petitioner no. 1 is having a criminal antecedent of five cases and other petitioners are having criminal antecedent of one case each.
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
Patna High Court CR. MISC. No.45918 of 2025(2) dt.05-08-2025 3/3 or surrender in connection with Madhusudanpur P.S. Case No. 12 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 Chief Judicial Magistrate, Bhagalpur subject to the conditions as laid down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J) Shubham/- U T