Vikash Kumar @ Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59309 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- HASANPUR District- Samastipur ====================================================== Vikash Kumar @ Vikash Yadav S/O Laxmi Yadav Resident of VillageMahua Chhapaki, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shanker Singh, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Hasanpur P.S. Case No. 81 of 2025 registered for the offences under Sections 126(2), 115(2), 118(1), 331(4), 333, 109, 352, 351(2) and 3(5) of the BNS.

3. As per prosecution case, petitioner and co-accused Laxmi Yadav assaulted the informant with iron rod. The assailants also assaulted the farther of the informant causing injuries to him.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The informant has taken a loan of Rs. 3,000/-

Patna High Court CR. MISC. No.59309 of 2025(2) dt.27-08-2025 2/3 from the father of the petitioner and despite several demands, it was not being paid. The FIR has been lodged after much delay as the occurrence is said to have taken place on 02.05.2025 but the FIR was lodged on 13.05.2025 and there is no satisfactory explanation for the same. It is surprising that a number of good government hospitals are available in Rosera, Samastipur and Begusarai but the injury report was obtained from a private hospital at Begusarai, though the injury report of the victims shows simple injuries caused by hard and blunt object. Learned counsel further submits that simple altercation between two neighbours were exaggerated with concocted belated allegation on the basis of fake injury report from a private hospital. Petitioner is a student of B.A. and he is in custody since 16.05.2025. Charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. 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 absence of repetition of blow and further considering simple and non-serious nature of injury and also considering the period of custody of the petitioner along with his clean antecedent and

Patna High Court CR. MISC. No.59309 of 2025(2) dt.27-08-2025 3/3 submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Rosera, Samastipur/concerned court in connection with Hasanpur P.S. Case No. 81 of 2025, subject to the conditions mentioned in 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.

(iii) In case of absence on three consecutive dates 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) balmukund/- U T