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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court held that a specific and direct allegation of grievous assault precludes pre‑arrest bail for petitioner no.1, whereas the lack of a specific overt act against petitioner no.2 permits the grant of pre‑arrest bail under Section 482(2) of the BNSS.

Summary

The petitioners, Vikash Kumar and Bittu Kumar, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, alleging they were falsely implicated due to a land dispute. The FIR alleges that Vikash assaulted the informant with an iron rod causing a head injury, while Bittu is alleged to have attempted assault with an axe. The court examined the specific allegations against each petitioner and found a direct, grievous assault charge against Vikash, warranting denial of bail. In contrast, Bittu faced only a general allegation without a specific overt act, leading the court to grant him pre‑arrest bail subject to Section 482(2) conditions. The bail order also directs the district court to verify his criminal antecedents, and the application is disposed of.

Issues considered

  • Whether the specific allegation of grievous assault against petitioner no.1 precludes pre‑arrest bail.
  • Whether the general allegation against petitioner no.2 justifies the grant of pre‑arrest bail.
  • Application of Section 482(2) of the Bharatiya Nyaya Sanhita in pre‑arrest bail decisions.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bharatiya Nyaya Sanhita
  • assault
  • grievous injury
  • section 482
  • criminal procedure
  • bail jurisprudence
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11630 of 2026
                       Arising Out of PS. Case No.-101 Year-2025 Thana- KAJRA District- Lakhisarai
                 ======================================================
           1.     Vikash Kumar S/O Ramashish Prasad Kushwaha R/O Village- Punadih, P.S-
                  Kajra, Distt.- Lakhisarai.
           2.    Bittu Kumar @ Hemant S/O Ramashish Prasad Kushwaha R/O Village-
                 Punadih, P.S- Kajra, Distt.- Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mukesh Kumar, Advocate
                 For the Opposite Party/s :        Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   27-04-2026                  Heard Mr. Mukesh Kumar, learned counsel appearing

                   on behalf of the petitioners and Mr. Ganesh Prasad Singh,

                   learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Kajra P.S. Case No. 101 of 2025 registered for the

                   offence(s) punishable under Sections 126(2), 115(2), 109(1),

                   352, 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per the allegations made in the FIR, while the

                   informant was planting paddy in his field, the accused persons

                   including the petitioners allegedly came, abused and assaulted

                   him, wherein petitioner no.1, Vikash Kumar, is alleged to have

                   caused a head injury by an iron rod and petitioner no. 2, Bittu
Patna High Court CR. MISC. No.11630 of 2026(3) dt.27-04-2026
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          Kumar, allegedly attempted to assault him with an axe,

          thereafter, other co-accused assaulted him with danda, causing

          injuries to him.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners are innocent and have

          falsely been implicated in the present case due to admitted land

          dispute and political rivalry between the parties, and in that

          background the entire family members of the petitioners have

          been roped in the present case. The petitioners have clean

          antecedent. On these grounds, the petitioners seek to be released

          on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegations made in

          the FIR and the materials available on record, I am of the

          opinion that so far as petitioner no. 1 is concerned, there is a

          specific and direct allegation against him that he assaulted the

          informant with an iron rod causing head injury, which appears to

          be grievous in nature. Considering the direct allegation

          attributed to him, I am not inclined to enlarge the petitioner no.

          1 on pre-arrest bail.
Patna High Court CR. MISC. No.11630 of 2026(3) dt.27-04-2026
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                       7. However, so far as petitioner no. 2 is concerned,

          though he is alleged to have participated in the occurrence, there

          is no specific overt act attributed to him except a general

          allegation of attempted assault, and considering the overall facts

          and circumstances of the case, I am of the opinion that petitioner

          no. 2 has, prima facie, made out a case to be released on pre-

          arrest bail.

                       8. The petitioner no. 2, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District Court where the case is pending /

          Concerned Court in connection with Kajra P.S. Case No. 101 of

          2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                       9. The learned District Court is directed to verify

          the criminal antecedent of the petitioner and if it is found

          that the petitioner is involved in some other cases, as what

          has been stated in paragraph no.3 of the bail application,

          this order will automatically lose its force.

                       10. Accordingly, the present application stands
           Patna High Court CR. MISC. No.11630 of 2026(3) dt.27-04-2026
                                                       4/4




                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


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