Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51074 of 2025 Arising Out of PS. Case No.-135 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Vikash Kumar S/o Shubh Narayan Ray @ Subhnarayan Rai R/o VillageChatauni, P.S.- Tariyani, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Adv For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 504, 506 and 34 of the I.P.C.
3. As per the prosecution case, the petitioner along with other co-accused persons are alleged to have assaulted the informant by means of Lathi and Iron rod and the co-accused Raj Narayan Rai and Dhiraj Kumar and Vikash Kumar (petitioner) assaulted the father of the informant with bamboo stick due to which he sustained injury.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case with a general and omnibus allegation. It is
Patna High Court CR. MISC. No.51074 of 2025(2) dt.11-08-2025 2/3 further submitted that the injury which was sustained by the father of the informant is simple in nature. It is lastly submitted that the petitioner has clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and also considering the fact that the petitioner has clean antecedent, let the above named petitioner, in the event of his arrest/surrender within a period of four weeks from today, be enlarged on anticipatory 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 Court concerned, Sheohar, in connection with Tariyani P.S. Case No. 135 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.), with further condition/s:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution
Patna High Court CR. MISC. No.51074 of 2025(2) dt.11-08-2025 3/3 will be at liberty to move for cancellation of his bail bonds.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
7. This application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T