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Patna High CourtCR. MISC./90585/2025allowed

Vikash Kumar Singh v. The State Of Bihar

2026-02-25Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90585 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== Vikash Kumar Singh Son of Sri Ghanshyam Singh R/o Village - Thathopur, PS. - Baheri, Dist. - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the State :

Mr. Mohammed Arif, APP For the Informant :

Mr. Pramod Mishra, Advocate Mr. Ujjwal Shandilya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in connection with Baheri P.S. Case No. 77 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 76, 352, 351(2) and 3(5) of the B.N.S.

3. The case of the prosecution, in short, is that Ghanshyam Singh assaulted with kulhari on the head of the informant's husband due to which he received cut injury and bleeding started. Her husband fell down. It is further alleged that Vikash Kumar Singh and Vishal Kumar Singh assaulted with Khanti indiscriminately on the hand and stomach due to which the right hand of the informant's husband was fractured and has also suffered injuries in his stomach. It is further alleged that when Chandan Kumar Singh and Keshav Kumar came to rescue, Vishal Kumar Singh assaulted with Khanti due to which he received injury on his wrist.

Patna High Court CR. MISC. No.90585 of 2025(3) dt.25-02-2026 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the injury report, it is clear that the injury received by Chandan Kumar Singh is simple in nature whereas the injury received by Om Prakash Singh, husband of the informant is concerned, it has been submitted that only one injury was found by the doctor i.e. laceration of size 7cm x 2cm x 1cm over right parietal region of scalp. X-ray of right shoulder, X-ray of Abd and X-ray of abdomen was advised. The doctor has opined that the nature of injury is grievous but the same is caused by hard and blunt object. It has also been submitted that from perusal of this injury report, it is not clear as to which injury is grievous.

It has further been submitted that there is also a counter version of this case and counter version of this case for the occurrence of the same day and in the last part of the counter version, it is stated that the victims of the case were admitted in hospital, Dehri and from there they were referred to D.M.C.H. It has also been submitted that there has been free fight between the parties. There is land dispute between the parties and in the occurrence, both sides have received injuries. From perusal of the F.I.R.

Patna High Court CR. MISC. No.90585 of 2025(3) dt.25-02-2026 3/3 stomach and right hand. From perusal of the injury report of Om Prakash Singh, it is clear that laparotomy was done on 27.02.2025 for bowel perforation It was ileal perforation 50cm proximal to IC Junction. Primary repair was done. Patient discharged in stable condition on 10.03.2025 but from the F.I.R., it is not clear as to who has caused injury to Om Prakash Singh on his stomach. Moreover, there has been free fight and both parties have received injuries. Learned counsel for the petitioner has submitted that the petitioner is languishing in judicial custody since 10.09.2025.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Darbhanga in connection with Baheri P.S. Case No. 77 of 2025.

(Ashok Kumar Pandey, J) durgesh/- U T