Vivek Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76921 of 2025 Arising Out of PS. Case No.-239 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Vivek Patel S/O Vinod Patel @ Vinod Kumar Patel Resident of villageJaltoli, P.O.- Husaini, P.s.- Dumariaghat, Dist.- East Champaran 2.

Vinod Patel @ Vinod Kumar Patel S/O Late Ganesh Patel @ Ganesh Prasad @ Late Ganesh Prasad Resident of village- Jaltoli, P.O.- Husaini, P.s.- Dumariaghat, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Dumariaghat P.S. Case No. 239 of 2025 instituted for the offences under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the accused persons including the petitioners entered the informant's house with a pre-planned intention to commit loot, and on protest,

Patna High Court CR. MISC. No.76921 of 2025(2) dt.17-11-2025 2/3 assaulted him with danda, rod and knife causing serious injuries.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. Learned counsel further submitted that the only specific allegation against the petitioners is of assaulting the informant with rod and danda. Learned counsel further submitted that the specific allegation of giving knife blow is against co-accused Prince Patel. Learned counsel further submitted that even as per the injury report, only one stab injury has been found on the body of the informant. It has been submitted on behalf of the petitioners that the petitioners are in custody since 13.08.2025 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.76921 of 2025(2) dt.17-11-2025 3/3 below/concerned Court in connection with Dumariaghat P.S. Case No. 239 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T