Vanktesh Kumar @ Venktesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66673 of 2025 Arising Out of PS. Case No.-358 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Vanktesh Kumar @ Venktesh Kumar S/O Om Prakash Sharma R/O Vill.- Govindpur, P.s.- Ghosi, Okari, Dist.- Jahanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate :
Ms. Suhani Singh, Advocate For the State :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2025 Heard Ms. Suhani Singh, learned counsel for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Ghosi P.S. Case No. 358 of 2024 registered for the offence under Sections 126(2), 115(2), 352, 351(1), 303(2), 3(5) and 109 of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act, lodged on 07.07.2024 by the informant, Anil Kumar.
3. As per the prosecution story, the informant alleged that on the point of construction of Panchayat Bhawan at Govindpur Gram Panchayat, the abuse/assault took place in which not only the accused mercilessly assaulted, they also resorted to opening of fire. This led to the F.I.R.
4. Learned counsel for the petitioner submits that there is case and counter case, a perusal of the F.I.R. would show that no injury has been recorded nor it has come in the learned
Patna High Court CR. MISC. No.66673 of 2025(2) dt.25-09-2025 2/3 Sessions Judge order, the petitioner do not have criminal antecedent and similar placed co-accused Om Prakash Sharma and Another have been granted relief by a coordinate Bench in Cr. Misc. No. 89990 of 2024 (Annexure-3) to the petition.
5. Learned APP opposes the prayer submitting that though there is case and counter case, allegation of assault is on all the named accused.
6. Taking into account the submissions of the parties as also the fact that this petitioner has no criminal antecedent and similar situate accused has been extended relief as stated above, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Ghosi P.S. Case No. 358 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.66673 of 2025(2) dt.25-09-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
8. Before parting, this Court would like to put on record its word of appreciation for Ms. Suhani Singh, learned counsel for the petitioner for the proper assistance rendered in the matter.
(Rajiv Roy, J) vinayak/- U T