Allowed

Vinod Kumhar @ Vinod Prajapati v. The State of Bihar

Patna HC27 Aug 2025CR. MISC./52795/2025

Case brief

AI extract

What is this about?

The single judge granted anticipatory bail to two petitioners in Mohania P.S. Case No. 282 of 2025, reading them and releasing them on furnishing a bail bond with sureties subject to statutory conditions under Section 482(2) of B.N.S.S.

What did the court decide?

Petitioners to be released on anticipatory bail upon surrender within six weeks, furnishing bail bond of Rs. 10,000 each with two sureties.

Vinod Kumhar @ Vinod Prajapati Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52795 of 2025

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Arising Out of PS. Case No.-282 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)

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

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1. Vinod Kumhar @ Vinod Prajapati S/o Sri Hasan Kumhar @ Shiogasan Prajapati Resident of village- Kekada, PS- Mohania, Kaimur at Bhabua, PIN- 821109

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Pankaj Kumar @ Pankaj Prajapati S/o Sri Munna Kumhar @ Munna Prajapati Resident of village- Kekada, PS- Mohania, Kaimur at Bhabua, PIN- 821109

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... ... Petitioners

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Versus

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The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Kaushal Kumar, Adv. For the State : Mr.Satya Nand Shukla, APP For the Informant Mr.Ashok Kumar Garg, Adv. Mr. Sanjiv Kumar Pathak, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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... ... Opposite Party

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2 27-08-2025 Heard learned counsel for the petitioners, learned

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A.P.P. for the State as well as learned counsel for the informant.

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The petitioners are apprehending their arrest in connection with Mohania P.S. Case No. 282 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109(1) of the BNS and Section 27 of the Arms Act.

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As per prosecution case, petitioners and other are said to have assaulted the informant's father and mother by means of gadasa and lathi as a result of which informant's father sustained injury on the head. It is further alleged that co-accused

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Patna High Court CR. MISC. No.52795 of 2025(2) dt.27-08-2025 2/4

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Janardan Prajapati made firing upon the informant by means of katta but the informant remained unhurt. Thereafter, co-accused Janardan Prajapati assaulted the informant by means of butt of katta due to which he sustained injury on his mouth. It is further alleged that petitioners and other concertedly assaulted the informant by means of lathi and gadasa.

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Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Learned counsel further submits that there is case and counter case between both the parties on the same date of occurrence. He further submits that Mohania P.S. Case No. 281 of 2025 dated 07.04.2025 has been registered prior to the present case and present case i.e. Mohania P.S. Case No. 282 of 2025 is nothing but counter blast of Mohania P.S. Case No. 281 of 2025 which has been lodged by the petitioner's side. He further submits that there is no specific allegation against any of the petitioners rather the same is general and omnibus in nature and on similar and identical allegation, co-accused Vipin Kumhar, Bihari Kumhar, Dhanu Kumhar and Sunil Prajapati have been granted anticipatory bail by co-ordinate Bench of this Court vide Cr. Misc. No. 52707 of 2025 and on the principle of

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Patna High Court CR. MISC. No.52795 of 2025(2) dt.27-08-2025 3/4

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parity, petitioners deserves bail. Apart from that, petitioners bear no criminal antecedent.

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Learned counsel for the informant and learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that parents of the informant sustained injury in the alleged occurrence and participation of the petitioners cannot be ruled out and hence, petitioners do not deserve anticipatory bail.

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Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioners, there is no specific allegation against any of the petitioners, coaccused on similar and identical allegation has already been granted anticipatory bail, there is case and counter case between the parties, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Mohania, District-Kaimur at Bhabua in connection with Mohania P.S. Case No. 282 of 2025, subject

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Patna High Court CR. MISC. No.52795 of 2025(2) dt.27-08-2025 4/4

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to the conditions as laid down under Section 482(2) of B.N.S.S.

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The application stands allowed.

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(Alok Kumar Pandey, J)

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shahzad/-

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U T

Vinod Kumhar @ Vinod Prajapati v. The State of Bihar

Case brief

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Vinod Kumhar @ Vinod Prajapati v. The State of Bihar

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