Patna High CourtCR. MISC./68637/2025bail granted

Vijay Kumar v. The State Of Bihar

2025-09-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68637 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- PATEPUR District- Vaishali ====================================================== Vijay Kumar S/o- Late Chandrika Singh @ Chandarika Rai Resident of Village- Maudah Chatur, P.S.- Patepur Harlochanpur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was withdrawn vide order dated 08.09.2025 passed in Cr. Misc. No. 55313 of 2025.

3. The petitioner seeks regular bail in connection with Patepur P.S. Case No. 81 of 2025 lodged for the offence punishable under Sections 126, 115(2), 109, 303(2), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4. The allegation in the First Information Report is that due to land dispute, as many as 9 persons came variously armed at the house of the informant and there is a specific allegation on accused Vijay Kumar (petitioner) and Dilip Kumar of having

Patna High Court CR. MISC. No.68637 of 2025(2) dt.24-09-2025 2/3 assaulted the informant on his head due to which, he sustained head injury. Further, it has also been alleged against Chandeshwar Singh and Rishikesh Kumar of assaulting on the head of the informant. Further, there is an allegation that the accused namely, Shakaldeo Singh also assaulted one Ramsevak Singh by means of dabiya on his leg due to which he sustained injury on his toe.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is an admitted land dispute between the parties. The petitioner has three criminal antecedents and is languishing in judicial custody since 23.07.2025 without any rhymes or reason. Learned counsel for the petitioner again submits that the coaccused persons have all ready been granted bail by a Coordinate Bench of this Court vide order dated 26.05.2025 passed in Cr. Misc. No. 33039 of 2025.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties

Patna High Court CR. MISC. No.68637 of 2025(2) dt.24-09-2025 3/3 and considering the entire facts and circumstances of the case, the period of custody of the petitioner as also the prayer for bail being based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patepur P.S. Case No. 81 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T