Vishal Kumar @ Vishal Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82018 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- DAUDPUR District- Saran ====================================================== 1.
Vishal Kumar @ Vishal Kumar Yadav, S/o Birendra Yadav @ Birendra Rai, R/o Village- Dabwaliya, P.S.- Kopa, District- Saran 2.
Dhananjay Kumar @ Dhananjay Yadav, S/o Varan Yadav @ Raj Kishore Yadav, R/o Village- Dabwaliya, P.S.- Kopa, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Kumar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Daudpur P.S. Case No.66 of 2025 registered for the offences under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has alleged that the FIR named accused persons, including the petitioners, along with some unknown persons, assaulted him with bricks and stones, while one of the unknown persons
2/4 assaulted him by axe on his head. It is further alleged that the petitioner no.2 along with one Manjay started assaulting him by stick and thereafter petitioner no.2 snatched away gold chain from his neck.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case and no offence is being made out against them. It has further been submitted that though it has been alleged that the petitioner no.2 has assaulted the informant with hockey stick, however, the injury referred to in the impugned order is said to be bruises on head and was found to be simple. It has next been submitted that there is no specific allegation of overt act against petitioner no.1, namely, Vishal Kumar @ Vishal Kumar Yadav. It has lastly been submitted that the petitioners carries clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail
3/4 bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Daudpur P.S. Case No.66 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond. (v) The learned 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 antecedent, 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.
7. Accordingly, the prayer for anticipatory bail is allowed.
4/4
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T