Vikash KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92048 of 2025
                        Arising Out of PS. Case No.-71 Year-2025 Thana- CHANDI District- Bhojpur
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                 Vikash Kumar S/O Ram Babu Yadav @ Ram Babu Ray R/O Khangaon, P.S-
                 Chandi, Distt.- Bhojpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shiv Prasad Gupta
                 For the Opposite Party/s :        Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   28-01-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Chandi P.S. Case No. 71 of 2025, registered for the

                   offences punishable under Sections 191(3), 190, 126(2), 115(2),

                   109, 118(1), 352, 351(2) of the BNS.

                                3. On the fateful day, while the elder brother of the

                   informant was ploughing filed, in the meanwhile, all the FIR

                   named accused persons, including the petitioner along with

                   some unknown persons, armed with farsa, garasa and pistol

                   came there and started abusing. On protest being made, it is

                   alleged that the accused persons brutally assaulted the father and

                   brother of the informant. It is further alleged that this petitioner

                   assaulted the informant by means of garasa due to which, he

                   sustained cut injury in his finger.
Patna High Court CR. MISC. No.92048 of 2025(2) dt.28-01-2026
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                       4. Learned Advocate for the petitioner submitted that

          the genesis of the occurrence is nothing but a land dispute.

          Moreover the injury which is allegedly sustained to the

          informant is concerned, the same was an unfortunate one and on

          non vital part. The petitioner is agnate and they are bickering

          over the land dispute and on the said date they entered into a

          scuffle resulting into some unfortunate injury. The petitioner

          undertakes that he will fully cooperate in the proceeding of the

          court and would not indulge in such incidence.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail and submitted that the

          petitioner bears two criminal antecedent, though both relate to

          the penal provision of the Bihar Prohibition and Excise

          (Amendment) Act, 2018.

                       6. Having considered the submission advanced on

          behalf of the respective parties and taking note of the nature of

          accusation leading to grievous injury, but over the non vital part,

          besides the fact that others have sustained simple injury as also

          the genesis of the occurrence and the undertaking of the petitioner, let

          the petitioner abovenamed be released on bail, in the event of his

          arrest or surrender before the court below within a period of four

          weeks from the date of receipt/production of a copy of this
           Patna High Court CR. MISC. No.92048 of 2025(2) dt.28-01-2026
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                     order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                     with two sureties of the like amount each to the satisfaction of

                     the learned Chief Judicial Magistrate, Bhojpur at Ara               in

                     connection with Chandi P.S. Case No. 71 of 2025, subject to the

                     conditions laid down in Section 482(2) of the Bharatiya Nagrik

                     Suraksha Sanhita, 2023, with the further conditions:

                                  (i) that one of the bailors shall be the own/close

                     family members of the petitioner,

                                  (ii) that the petitioner would not indulge in

                     intimidating the witnesses/informant or tampering with the

                     evidence, and

                                  (iii) that in case, the petitioners shall be found indulge

                     in intimidating the informant/witnesses or tampering with the

                     evidence, the informant shall be at liberty to file an application

                     for cancellation of the bail of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T