CR. MISC./42978/2026 of Bipul Kumar @ Vipul Kumar Vs The State of Bihar on 1 July 2026

ORAL ORDER

01-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Mali P.S. Case No.33 of 2026 registered for the offence punishable under Sections 126(2), 191(2), 191(3), 190, 115(2), 118(1), 117(2), 103(1), 61(2) and 352 of the BNS.

3. The case of the prosecution, in short, is that the petitioner along with others being armed with lathi, danda and sword assaulted the father of the informant. When the informant went there, he saw that Laxman Mehta was having sword in both of his hands and others were armed with lathi and danda and they were assaulting the informant’s father. It is further submitted that one villager

Varun Kumar was there who was attempting to rescue the father of the informant but all the accused persons assaulted the father of informant due to which he fell down and succumbed to the injuries.

4. Learned counsel appearing on behalf of the petitioner has submitted that from perusal of the FIR it is clear that there is specific allegation agaisnt one Laxman Mehta that he was having sword in both of his hands. It has further been submitted that as per the case of the prosecution, one Varun Kumar is the eye-witness who was attempting to rescue the deceased. The statement of Varun Kumar has been recorded during investigation wherein Varun Kumar has stated that he has consoled the parties and has snatched the sword which was with Laxman Mehta despite that Laxman Mehta assaulted with kudaal on the head of the deceased due to which he fell down. It has further been submitted that from perusal of the post-mortem report also it will transpire that the deceased has received following ante-mortem injuries :-

(i) one abrasion of size 2cm X 1cm on left cheek;

(ii) one abrasion of sixe 8cm X 4cm on temporal region and

(iii) one lacerated wound of sixe 2.5cm X 1cm on temporal and parietal region. The Doctor conducting autopsy of the deceased has opined that the cause of death is head injury due to blunt and input.

5. Learned counsel for the petitioner has submitted that as per the statement of eye-witness Varun Kumar, it is alleged that Mithilesh has assaulted with kudaal to the informant’s father. Kudaal is a headvy and blunt object which is the cause of death of the deceased. It has further been submitted that nture of allegation against the petitioner is general and omnibus. There is no specific allegation against the petitioner. It has further been stated that the main thrust of allegation is against Laxman Mehta. It has lastly been submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 04.03.2026.

6. The application for bail is opposed by learned APP for the State.

7. 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 court of learned Judicial Magistrate, First Class, Aurangabad in connection with Mali P.S. Case No.33 of 2026.

durgesh/- (Ashok Kumar Pandey, J) U T