Vibhanshu Kumar @ Kishu Kumar @ Bibhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54007 of 2025 Arising Out of PS. Case No.-315 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Vibhanshu Kumar @ Kishu Kumar @ Bibhanshu Kumar S/o Sunil Kumar Singh, Resident of village- Bariyawan P.S.- Amba, Dist- Aurangabad. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Aurangabad Town P.S. Case No. 315 of 2025 dated 23.05.2025, registered for the offences punishable under Sections 115(2), 118(1), 118(2), 109 and 126(2) read with Section 3(5) of the BNS.

3. As per the prosecution case, co-accused persons assaulted the son of the informant and stabbed him. The name of the petitioner transpired during the course of investigation in the statement of the injured.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. In the FIR it is clear that the

Patna High Court CR. MISC. No.54007 of 2025(3) dt.12-11-2025 2/3 petitioner was not named in the FIR and after five to six days of occurrence, the injured gave statement that he recognized the petitioner as one of the assailants. Due to previous enmity he has been falsely implicated in this case. Thereafter, Police extrated an extra judicial confession from the petitioner. Learned counsel further submits that there is dispute between two agnates and wife of one of the accused Binay Singh namely, Soni Devi has also instituted Madanpur P.S. Case No. 225 of 2025 against the other side. The injury report has been issued by one Abhay Institute of Medical Science and the report appears to be procured. Learned counsel next submits that petitioner is having antecedent of one case in which he is on bail and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 04.06.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner was not initially named and further considering his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.54007 of 2025(3) dt.12-11-2025 3/3 (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad / concerned Court, in connection with Aurangabad Town P.S. Case No. 315 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(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 non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T