Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56990 of 2025 Arising Out of PS. Case No.-732 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== Vishal Kumar S/o Madhav Kishor Singh R/o vill - Ward no 09, Bishanpur, P.S. and District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mayank Bilochan, Advocate For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case no.732 of 2018 registered under Sections 307, 147, 148, 149, 323, 325, 353, 333, 504 and 427 of the Indian Penal Code.
3. The F.I.R has been lodged against 27 named and 100 unknown persons with the allegation that an altercation took place between the parties at the time of idol immersion. The informant, who is the Officer In-Charge, intervened and tried to pacify the matter but crowd attacked on the police personnel due to which they received some injuries.
4. Learned counsel for the petitioner submits that it would be apparent from the F.I.R itself that there was a huge crowd of more than 100 persons who had become aggressive
Patna High Court CR. MISC. No.56990 of 2025(2) dt.29-08-2025 2/3 and to identify 27 persons out of such a crowd itself does not seem to be believable and the name of the petitioner figuring amongst 27 persons was also not clear in view of the fact that parentage of the petitioner was not indicated and due to this reason the petitioner was not aware about his implication in the present case. Moreover, the occurrence was also reported after a delay of 24 hours. A number of co-accused have already been granted anticipatory bail by the learned Court below itself. The petitioner has two criminal antecedents, however he is on bail in the said case. He undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that the petitioner has approached this Court for grant of privilege of anticipatory bail after a substantial lapse of time.
6. In view of the aforesaid facts and circumstances of the case and further considering general and omnibus nature of allegations, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Lakhisarai P.S. Case no.732 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.56990 of 2025(2) dt.29-08-2025 3/3 learned Court below where the case is pending, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer as and when required and in case of non-cooperation in the investigation, the learned Court below would be at liberty to get the bail bond cancelled.
(III) The learned Court below would however, verify the criminal antecedent of the petitioner and in case 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, it is expected that the verification process would be done expeditiously without causing any delay preferably within a period of two weeks.
(Soni Shrivastava, J) Harsh/- U T