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Patna High Court

Vikash Kumar @ Laddan @ Chote SarkarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail because the allegations were vague, no specific overt act was established, and the co‑accused had already been released on bail.

Summary

The petitioner, Vikash Kumar, was implicated in a 2021 FIR alleging offences under IPC sections 341, 323, 379, 308, 504 and 506 for assaulting an informant with an iron rod and stealing his valuables. He applied for anticipatory bail, arguing that the allegations were vague, no specific overt act was attributed to him, the injuries were minor, and he had a clean antecedent. The State opposed the bail. The court noted that the accusations were general and omnibus, the co‑accused had already been granted anticipatory bail, and the petitioner’s record was clean. Consequently, the court granted anticipatory bail subject to a Rs 10,000 bond, two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The petitioner must appear before the trial court regularly and refrain from tampering with evidence or committing further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and the existence of co‑accused who have already obtained bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC offences
  • Section 438 CrPC
  • Section 482 BNS
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15535 of 2026
                      Arising Out of PS. Case No.-203 Year-2021 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Vikash Kumar @ Laddan @ Chote Sarkar S/o- Late Manoj Paswan R/o
                 Mohalla- Katari PS-Chandauti Distt- Gaya
                                                                     ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pintu Kumar Patel, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   12-03-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Chandauti P.S. Case No.203 of 2021, F.I.R

                   dated 30.07.2021 registered for the offences punishable under

                   Sections 341, 323, 379, 308, 504 and 506 of the Indian Penal

                   Code.

                               3. According to prosecution case, on 29.07.2021 at

                   about 9:30 PM, while the informant was going to drop

                   Nagendra Kumar near Katari Manutoli, the petitioner along with

                   other co-accused persons allegedly intercepted him, abused and

                   assaulted him with an iron rod causing head injury and

                   rendering him unconscious, and also snatched his gold chain

                   and Rs.18,000/-.

                               4. Learned counsel for the petitioner submits that no
Patna High Court CR. MISC. No.15535 of 2026(2) dt.12-03-2026
                                            2/3




          specific allegation of overt act has been attributed rather the

          allegations levelled against the petitioner are general and

          omnibus and the co-accused person have already been granted

          the privilege of anticipatory bail by the learned Trial Court and

          the injuries sustained by the informant are simple in nature. It

          has further been submitted that the petitioner has clean

          antecedent.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that there is no specific allegation of overt act rather the

          allegations against this petitioner are general and omnibus and

          the co-accused person have already been granted the privilege

          of anticipatory bail by the learned Trial Court and the injuries

          sustained by the informant are simple in nature. Accordingly,

          this Court is inclined to grant the privilege of anticipatory bail to

          the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.15535 of 2026(2) dt.12-03-2026
                                                       3/3




                     satisfaction of the learned C.J.M., Gaya, in connection with

                     Chandauti P.S. Case No.203 of 2021, subject to the conditions

                     as laid down under Section 438(2) of the Code of Criminal

                     Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative/known of the petitioner(s) who shall provide

                     official document/personal affidavit to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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