Vikash Kumar @ Hari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53249 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- MESKAUR District- Nawada ====================================================== Vikash Kumar @ Hari Son of Badri Narayan Resident Of Village -Kauawara, Ps -Meskaur, Dist -Nawada ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, A.P.P.
For the Informant :
Mr. Birendra Kumar, Advocate Mr. Kumud Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Meskaur P.S. Case No. 100 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109/329(2), 351, 352 (2), 3(5) of B.N.S., 2023.
3. As per prosecution case, informant's child urinated in the house as a result of which quarrel took place between the ladies. On the said issue, petitioner and others started abusing informant's wife. It is alleged that petitioner armed with khanti/rod came and told to get out of the house otherwise they would be killed. When the same was protested
2/4 by the informant's father, petitioner assaulted the informant's father on his head by means of khanti as a result of which he sustained head injury. It is further alleged that when the informant's wife came to rescue to informant's father, she was also assaulted by means of bricks and stones.
4. Learned counsel for the petitioner submits that the very genesis of prosecution story starts on a trivial matter with regard to issue of urination of child and quarrel took place between the ladies. He further submits that petitioner has no intention to kill the informant's father. He further submits that father of petitioner and father of informant are full brothers and they are living in the same house. He further submits that petitioner has falsely been implicated in the present case by the informant on account of dispute of partition. He further submits that injuries of injured persons are found to be simple in nature. He further submits that there is no allegation of repetition of blow against the petitioner. He further submits that the nature of dispute which led to lodging of FIR is nothing but to falsely implicate the petitioner in the present case. He further submits that father of petitioner has given an application to the Superintendent of Police, Nawada regarding the commission of offence against the petitioner's
3/4 side but no case has been registered against the informant's side, then, father of petitioner filed a Complaint Case No. 569 of 2025 in the Court of C.J.M., Nawada against the informant and his family members. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent.
5. The learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner by submitting that there is specific allegation of assault against the petitioner and the same is corroborated by the injury report. Hence, petitioner does not deserve bail.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned
4/4 A.C.J.M., IV, Nawada in connection with Meskaur P.S. Case No. 100 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J) alok/- U T