Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
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
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 352, 482(2)
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.
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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
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disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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