Vikash Kumar @ Vikash Kumar Yadav @ Vikash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58579 of 2025 Arising Out of PS. Case No.-312 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.
Vikash Kumar @ Vikash Kumar Yadav @ Vikash Yadav S/o Baban Yadav R/o Village- Shiyadi Mathiya, P.S - Siwan Muffasil, District - Siwan 2.
Putul Kumar @ Putul Yadav S/o Manager Chaudhary R/o Village- Shiyadi Mathiya, P.S - Siwan Muffasil, District - Siwan 3.
Surendra Singh S/o Munilal Singh R/o Village- Shiyadi Mathiya, P.S - Siwan Muffasil, District - Siwan 4.
Aakash Kumar @ Aakash Yadav S/o Bhuwal Yadav @ Bhual Yadav R/o Village- Shiyadi Mathiya, P.S - Siwan Muffasil, District - Siwan 5.
Dharmendra Singh @ Dharmendra Kumar S/o Surendra Singh R/o VillageShiyadi Mathiya, P.S - Siwan Muffasil, District - Siwan 6.
Suraj Kumar Kamkar @ Suraj Kumar S/o Gobind Kamkar R/o VillagePanchlakhi, P.S - Nautan, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Udit Narayan Singh, Advocate For the State :
Mr. Sanjay Kumar Pandey, APP For the Informant :
Mr. Ajay Kumar Pandey, Advocate Mrs. Shyama Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel appearing on behalf of the informant.
2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(1), 109, 308(3), 351(2), 352, 324(2) and 3(5) of B.N.S., 2023.
3. Learned counsel for the petitioners submits that
2/4 petitioner no.1 has antecedent of three cases, petitioners no.3, 5 and 6 have antecedent of one case and petitioners no.2 and 4 are persons with clean antecedent and the informant alleges that Surendra Singh demanded Rs.1,00,000/- by way of extortion and said that if demand is not met, his son and brother would be killed. Thereafter, on 29.04.2025, informant along with his brother, Ravindra Chaudhary and son, Nanhe Kumar Yadav were ploughing their land in the village when all the named accused persons along with 10 unknown accused came variously armed and Surendra Singh and Dharmendra Singh ordered to assault them and thereafter the accused persons assaulted the informant's brother and son causing injury on leg and hand.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of dispute relating to land. It is submitted that from perusal of the allegation, as alleged in the FIR, it would manifest that informant alleges that accused persons came and demanded extortion but then the FIR does not even remotely suggest as to why extortion was being demanded. It is also submitted that from side of the petitioners, Nautan P.S. Case No.105 of 2025 has been instituted against the informant
3/4 and his side with an allegation that side of the petitioners had purchased a piece of land and the side of the informant was trying to capture the same. It is further submitted that the instant FIR is a counter blast. It is next submitted that specific allegation of assaulting the brother and son of the informant is against Sonu Singh and Laldeo Yadav and they are not petitioners in the instant anticipatory bail application. It is also submitted that the injury suffered by the brother and son of the informant on hand is opined to be grievous.
5. The learned APP and the learned counsel appearing on behalf of the informant oppose the anticipatory bail application. Learned counsel for the informant submits that petitioner no.6 is also alleged to have assaulted the brother and son of the informant on which the learned counsel appearing on behalf of the petitioners submits that as far as petitioner no.6 is concerned, the allegation of assault alleged against him is general and omnibus in nature.
6. Considering the submissions made by learned counsel appearing on behalf of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of
4/4 Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Siwan Muffasil P.S. Case No.312 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. (Satyavrat Verma, J) Sanjay/- U T