Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75296 of 2025 Arising Out of PS. Case No.-314 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Vicky Kumar Son of Ravindra Sah Resident of Village - Koirgawa, Ward No.- 07, P.O.- Athmuhan, P.S.- Ghorasahan, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the State :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-02-2026 Heard Mr. Sanjay Kumar, learned counsel for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Ghorasahan P.S. Case No. 314 of 2024 registered for the offence under Sections 126(2), 115, 109, 352, 351(3) and 3(5) of the B.N.S. and section 27 of the Arms Act, lodged on 25.07.2024 by the informant, Rajeshwar Prasad Yadav.
3. As per the prosecution story, the informant alleged that on the date of occurrence as he was moving in a Pick-Up vehicle after carrying seeds of paddy crops and reached near Bhagwan Lal Chowk, Ghorasahan market, where three persons on motorcycle intercepted the vehicle. He dashed with the
2/4 motorcycle which followed assault and opening of fire causing injury in the fingers. The locals gave the name, petitioner included, this led to the F.I.R..
4. Learned counsel for the petitioner submits that only on suspicion, the name of the petitioner has been given, even in the CCTV Footage, he has not been identified. Further, both the families have come to an amicable agreement and has jointly preferred petition before the court concerned to take appropriate steps in the matter. It has been attached as Annexure-3 to the petition.
5. Learned APP opposes the prayer submitting that allegation of opening fire as also assault is there.
6. Considering the submissions of the parties, as also the development that has taken place after the lodging of the case, as recorded above and an undertaking has been given that he shall be diligently appearing in trial, 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 Additional Chief Judicial Magistrate,
3/4 Sikrahana at Dhaka, East Champaran, in connection with Ghorasahan P.S. Case No. 314 of 2024 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) 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;
(iv) the petitioner shall appear before the concerned police station every month 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; (v) 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
4/4 cancellation of the bail bonds;
(vi) 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. (Rajiv Roy, J) vinayak/- U T