Patna High Court
Vikash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing release on a Rs. 10,000 bond with two sureties.
Summary
The petitioner, Vikash Kumar Singh, sought bail in a case (Baheri P.S. Case No. 77 of 2025) involving multiple offences under the B.N.S., including assault with dangerous weapons and attempted murder. The prosecution alleged that the petitioner and others assaulted the informant's husband and others, causing grievous injuries, though the injury report showed some injuries were simple and the exact culpability was unclear. The petitioner argued he was falsely implicated, citing a land dispute and a free fight between parties, and highlighted that the injury reports did not conclusively link him to the grievous injuries. The State and the informant opposed bail, but the court, after considering the ambiguous evidence and the petitioner's prolonged pre‑trial detention since 10‑09‑2025, decided to enlarge bail. The court ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑VII, Darbhanga.
Issues considered
- Whether bail should be granted to the petitioner despite multiple serious charges under the B.N.S.
- Whether the ambiguity in injury reports and the claim of false implication justify bail
- Whether the petitioner’s right to liberty outweighs the risk of tampering or fleeing
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- assault
- multiple offences
- judicial custody
- land dispute
- false implication
Judgment
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
3 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. it is clear that there is general and omnibus allegation
against Vishal Kumar Singh and Vikash Kumar Singh that they
have assaulted with Khanti to the husband of the informant on his
Patna High Court CR. MISC. No.90585 of 2025(3) dt.25-02-2026
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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
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