Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50839 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- GAURICHAK District- Patna ====================================================== Vinay Kumar S/o Santosh Mahto R/o Vill- Bahuara, P.S.- Gaurichak, DisttPatna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Abhinav Kumar, Advocate Mr. Vikas Kumar Jha, Advocate Mr. Adarsh Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Gaurichak P.S. Case No. 9 of 2025, lodged on 09.01.2025, under Sections 115(2)/117/118/34 of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution, the FIR has been lodged against three accused persons including the present petitioner against whom allegation is that they damaged the wheat crop

Patna High Court CR. MISC. No.50839 of 2025(2) dt.11-08-2025 2/2 sown in their field. On objection, they abused and physically assaulted the informant's uncle due to which he sustained injury.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the FIR has been lodged after a delay of seven days. Counsel submits that antecedent of the petitioner is clean and he ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation of assault against the petitioner.

6. Considering the nature of allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail of the petitioner is hereby refused. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be considered on its own merit on the same day without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./- U T