Patna High Court
Vishwajeet @ Vishwajeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner sought regular bail in a case registered under sections 126(2), 115(2), 118(1), 109, 303(2) and 3(5) of the Bihar Penal Code. The prosecution alleged that the petitioner, along with another accused, assaulted the informant's son with a knife, causing a single stomach wound. The petitioner contended that the injured witness identified three other persons—Uttam Kumar, Biswajit and Bittu Kumar—as the assailants and that his name did not appear in the witness statement, creating doubt about his involvement. He also highlighted that a co‑accused, Bittu Kumar, had previously been granted bail in a similar case and that he had been in judicial custody since 30‑01‑2025. The State opposed bail on the ground of the petitioner’s four prior criminal antecedents. Considering the lack of direct identification, the similarity to the earlier bail order, and the circumstances of custody, the court granted regular bail on condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under multiple serious offences and having prior criminal antecedents
Subjects
- regular bail
- judicial custody
- assault with knife
- criminal antecedents
- Bihar Penal Code
- bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91120 of 2025
Arising Out of PS. Case No.-505 Year-2024 Thana- KHAGARIA District- Khagaria
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Vishwajeet @ Vishwajeet Kumar S/o Late Vilash Mahton @ Ram Vilash
Mahton R/o Village_Dan Nagar Dantola, Ward no. 13, P.S. - Khagaria, Distt.-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126 (2),
115 (2), 118 (1), 109, 303 (2), 3(5) of the BNS.
3. The case of the prosecution is that when the
informant’s son was returning from a fair, five miscreants
suddenly assaulted him and told him to take out all the money
he had. On protest, it is alleged that the petitioner and one Uttam
assaulted the informant’s son with ‘knife’ causing injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.91120 of 2025(3) dt.25-03-2026
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during the course of investigation, son of the informant (injured)
was examined and as stated in paragraph-71 of the case diary,
the injured namely, Gulshan Kumar, has specifically stated that
three persons, Uttam Kumar, Biswajit and Bittu Kumar have
assaulted him with a ‘knife’and the name of the petitioner does
not transpire therein. It is further submitted that from the perusal
of the injury report, it would transpire that the injured has
sustained only one wound injury on his stomach caused by a
‘knife’. It is further submitted that although there are allegation
against three persons, only one single wound injury was found
on the person of the injured which creates doubt regarding the
prosecution version. It is further submitted that similarly
situated co-accused person, namely, Bittu Kumar has already
been granted bail by a co-ordinate Bench of this Court vide
order dated 01.11.2025 passed in Cr. Misc. No. 71969 of 2025.
The case of this petitioner stands on similar footing. Moreover,
the petitioner is languishing in judicial custody since
30.01.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has four
criminal antecedents.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.91120 of 2025(3) dt.25-03-2026
3/3
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Khagaria P.S. Case No. 505 of 2024 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, Khagaria, subject to the condition
that the petitioner shall co-operate in the trial and shall remain
physically present as and when required by the trial Court.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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