Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55386 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- AKHODHIGOLA District- Rohtas ====================================================== Vishal Kumar S/O Hansraj Singh @Hans Singh Resident Of Village- Jatan Bigha, P.S.- Akorhi Gola, District- Rohtas, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar Singh, Adv For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Akorhigola P.S. Case No. 02 of 2025 registered for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 and 103 of the Bharatiya Nyaya Sanhita.
3. The petitioner is named in the F.I.R. and is in custody since 02.01.2025.
4. As per FIR, petitioner along with other coaccused persons assaulted mother of informant by using lathi etc., subsequent to which the mother of informant died.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.55386 of 2025(2) dt.26-09-2025 2/3 petitioner submitted that present occurrence took place due to dispute arising out of drainage issues. It is pointed out that upon facial perusal of FIR, it appears that fatal assault was caused by Ravi Kumar and Jaiprakash Kumar, whereas allegation qua physical assault is appearing very much general and omnibus against this petitioner. It is pointed out that co-accused Bittu Kumar and Vikash Kumar were granted bail by different Co-ordinate Benches of this Court through Cr. Misc. No. 27562 of 2025 dated 02.09.2025 & Cr. Misc. No. 29898 of 2025 dated 20.08.2025, respectively. It is submitted that petitioner with similar allegation as a matter of judicial parity also deserves bail. While concluding the argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that petitioner actively participated during the occurrence.
7. In view of aforesaid factual submission and by taking note of fact as allegation qua physical assault is appearing very much general and omnibus
Patna High Court CR. MISC. No.55386 of 2025(2) dt.26-09-2025 3/3 against this petitioner, rather same is specific against Jaiprakash Kumar and Ravi Kumar, coupled with the fact as petitioner remains in custody since 02.01.2025, accordingly above named petitioner, is directed to be released on bail in connection with Akorhigola P.S. Case No. 02 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 14the Additional Sessions Judge, Rohtas at Sasaram/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T