← Library
Patna High CourtCR. MISC./85128/2025bail granted

Vakil Kumar @ Vakil Sharma v. The State Of Bihar

2025-12-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85128 of 2025 Arising Out of PS. Case No.-252 Year-2025 Thana- BHARGAMA District- Araria ====================================================== Vakil Kumar @ Vakil Sharma S/o- Balo Sharma R/v- Aadirampur W.No-6, Ps- Bhargama Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 103(1), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per F.I.R., all the F.I.R. named accused persons including this petitioner assaulted the son of informant by means of various deadly weapons, as a result of which he died on the spot.

4. Learned counsel for the petitioner submits that it is specific case of the informant that co-accused Rupesh Kumar assaulted the son of informant with farsa and thereafter, this petitioner assaulted him with iron rod but in the post-mortem report, doctor has found only one injury on the person of deceased which was caused by sharp-cut weapon, which is

Patna High Court CR. MISC. No.85128 of 2025(2) dt.09-12-2025 2/2 attributable to co-accused Rupesh Kumar. Thus, allegations levelled against this petitioner stands contradictory and falsified by the post-mortem report. There is no other external injury on the person of deceased.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering backdrop of the case and materials available on record, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Bhargama P. S. Case No. 252 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T