Vibhishan kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Vibhishan kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail upon arrest or surrender before the trial court within six weeks, with bail bond of Rs. 10,000/- and two sureties of the like amount each before the learned Judicial Magistrate 1st Class, Begusarai, subject to Section 438(2) Cr.P.C. conditions and mandatory physical presence on every date fixed by the Trial Court.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Kawakol P.S. Case No. 598 of 2023 registered for offences punishable under Sections 341, 323, 354, 307, 379, 504 and 34 of the Indian Penal Code, should be released on bail pursuant to his application under Section 438 Cr.P.C.

Court's answer

This court directed that the petitioner be released on bail in the event of his arrest or surrender before the trial court within a period of six weeks, on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai, in connection with Kawakol P.S. Case No. 598 of 2023, subject to the conditions laid down under Section 438(2) of Cr.P.C. and the further condition that the petitioner shall remain physically present on each and every date as fixed by the learned Trial Court.

Detailed headnote1 paragraphs

Patna High Court (Justice Ramesh Chand Malviya, oral order dated 25-06-2025) granted anticipatory bail under Section 438 Cr.P.C. to Vibhishan kumar, who apprehended arrest in Kawakol P.S. Case No. 598 of 2023 (District Nawada), registered for offences punishable under Sections 341, 323, 354, 307, 379, 504 and 34 of the Indian Penal Code. The allegation was a group assault on the informant's family with iron khanti, lathi and danda, causing head injury to the informant's younger sister Usha Kumari, and snatching of a Mangalsutra from the informant's mother's neck. Counsel argued false implication arising from a land dispute between agnates, noted bail already granted to co-accused Surendra Mahto and Seema Devi, a reserved-opinion injury report, and no criminal antecedent; the State opposed. The petitioner was directed to surrender or appear before the trial court within six weeks, furnishing a bail bond of Rs. 10,000/- with two sureties of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai, subject to Section 438(2) Cr.P.C. conditions and compulsory presence on every trial-court date.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39876 of 2025

Arising Out of PS. Case No.-598 Year-2023 Thana- KAUWAKOL District- Nawada

======================================================

Vibhishan kumar S/O Surendra Mahto Resident of Village- Rupau, P.S.Rupau, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 25-06-2025

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner apprehends his arrest in connection with Kawakol P.S. Case No. 598 of 2023 registered for the offences punishable under Sections 341, 323, 354, 307, 379, 504 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused persons came in the house of the informant and started abusing and assaulting the informant

and his family members by means of iron khanti, lathi, danda due to which younger sister of the informant, namely,

Usha Kumari got head injury. It is also alleged that accused persons have also snatched Mangalsutra from the neck of

Patna High Court CR. MISC. No.39876 of 2025(2) dt.25-06-2025 2/3

the informant’s mother.

Learned counsel for the petitioner submits that petitioner has been falsely been implicated in this case. He next submits that petitioner and informant are agnates and petitioner is own cousin of informant and the present case has been lodged due to admitted land dispute going on between the parties. He further submits that two accused persons, namely, Surendra Mahto and Seema Devi have granted bail by the learned Trial Court. He next submits that from perusal of the injury report of the injured, namely, Usha Kumari, it has been examined as ‘(1)lacerated wound on forehead with muscle deep bleeding and (2) pain at whole body’ and the opinion is kept as reserved. He next submits that petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

Learned counsel for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner, let the above named petitioner be released on bail in the event of his arrest or surrender before the trial

Patna High Court CR. MISC. No.39876 of 2025(2) dt.25-06-2025 3/3

court within a period of six weeks from today 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, 1^st Class, Begusarai in connection with Kawakol P.S Case No. 598 of 2023 subject to the condition laid down under Section 438(2) of Cr.P.C. with the further condition that the petitioner shall remain physically present on each and every date as fixed by the learned Trial Court.

(Ramesh Chand Malviya, J)

Harshita/-

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