Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74877 of 2025 Arising Out of PS. Case No.-327 Year-2025 Thana- PIPRA District- East Champaran ====================================================== 1.

Vikash Kumar Singh S/O Mohan Singh Resident of Village- Chakbara Bakhari, P.S.- Pipra, District- East Champaran 2.

Pintu Kumar Singh S/O Lalbabu Singh Resident of Village- Chakbara Bakhari, P.S.- Pipra, District- East Champaran 3.

Bittu Kumar Singh S/O Mohan Singh Resident of Village- Chakbara Bakhari, P.S.- Pipra, District- East Champaran 4.

Sandip Kumar @ Sandip Kumar Singh S/O Lalbabu Singh Resident of Village- Chakbara Bakhari, P.S.- Pipra, District- East Champaran 5.

Sanjay Singh S/O Late Ramadhar Singh Resident of Village- Chakbara Bakhari, P.S.- Pipra, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the State :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-11-2025 Heard Mr. Karandeep Kumar learned counsel for the petitioners and Mr. Ahmad Ali, learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Pipra P.S. Case No. 327 of 2025, F.I.R. dated 18.07.2025 registered for the offences punishable under Sections 126(2), 115(2), 109(1), 118, 303(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. Allegation against the petitioners is that they have assaulted to the informant and their family members due to

2/4 which they have received injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. He further submits that from perusal of the F.I.R. itself that due to admitted land dispute (passage of lane), the present occurrence had taken place and there is case and counter case between the parties. He further submits that although there is specific allegation that they have assaulted to the informant and their family members and they have received injuries but the injury report of the injured persons suggests that all the injuries are simple in nature caused by hard and blunt substance and in fact the petitioners' side have also received some injuries which suggests that there was no intention to kill anyone and as far as the allegation of using the firearms, it appears from the report of the injured persons that no injury was found by any firearms to any person.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners and submits that the petitioners are named in the F.I.R. and they have assaulted the informant and their family members and apart from the aforesaid, petitioner nos. 1 and 3 carry two more cases, petitioner nos. 2 and 4 carry one more case as well as petitioner

3/4 no. 5 carry three more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that they are on bail in all the pending matters.

6. Considering the facts and circumstances of the case and the fact that there is case and counter case between the parties and due to admitted land dispute the present occurrence had taken place as well as the injuries inflicted upon the injured persons are simple in nature, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran at Motihari in connection with Pipra P.S. Case No. 327 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without

4/4 sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T