Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63693 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- KARPI District- Arwal ====================================================== 1.
Vikash Kumar, S/o Late Sarju Singh R/o Village - Kushare, P.S - Karpi, District - Arwal 2.
Shailesh Singh, S/o Late Talekeshwar Singh R/o Village - Kushare, P.S - Karpi, District - Arwal 3.
Ashmit Kumar @ Smit Kumar, S/o Late Sarju Singh R/o Village - Kushare, P.S - Karpi, District - Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramakant Singh For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-09-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 303(2), 74, 352, 351(2) of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioner nos.1 has antecedent of two cases and petitioner nos.2 and 3 have antecedent of one case and the informant alleges that he along with his family members had gone to see their field where named accused persons including the
2/4 petitioners along with 8-10 unknown accused were present from before and Lav Kush caught Ashok while Ashmit assaulted him by a rod causing injury on head. Further, Chintu assaulted by knife causing injury on hand while Shailesh acted inappropriately with Khushi, which was objected by Pushpa, but father in-law of Ashmit caught them while Shailesh and Vikash assaulted them by rod causing injury on back, thigh and neck and accused fled thinking Ashok, Golu and Sagar to be dead.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that on account of dispute relating to land the occurrence is alleged to have taken place in which both sides assaulted each other. It is further submitted that from side of the petitioners, Karpi P. S. Case No.54 of 2025 was instituted against the informant and his side. It is next submitted that no doubt, it is alleged that Lav Kush caught Ashok and Ashmit assaulted him by rod and thereafter, Chintu assaulted by knife, but then, the injury suffered by Ashok has been opined to be simple in nature. It is also submitted that though Shailesh and Vikash are alleged to have assaulted Sagar and Golu, but then, the injury suffered by them has also been opined to be simple and as far as allegation of acting
3/4 inappropriately is alleged, the same is an exaggerated allegation. It is submitted that no doubt, petitioners have antecedent, but in the present case, it was on account of land dispute that the occurrence is alleged to have taken place. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Karpi P. S. Case No.53 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioners, despite
4/4 giving assurance to this Court, are not cooperating in the investigation or are not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T