Patna High Court
Vikash Kumar @ Laddan @ Chote SarkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.