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Patna High Court

Vivek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the BNSS.

Summary

Vivek Kumar, a 20‑year‑old student with a clean record, applied for anticipatory bail after an FIR was lodged alleging his involvement in a violent incident that resulted in the death of Satrudhan. The FIR charges him under several sections of the Bharatiya Nyaya Sanhita, including offences relating to murder, attempt to murder, and causing grievous hurt. The petitioner contended that he was falsely implicated by an informant amid a property dispute involving his relative Vijay Kumar Bhagat and that he was not alleged to have actually assaulted the deceased. The State opposed the bail but could not refute the claim that the petitioner was not directly accused of assault. Considering the lack of direct allegation against the petitioner and the potential prejudice to his future, the court granted anticipatory bail subject to a cash bond and sureties, invoking Section 482(2) of the BNSS. The order directs that the bail be released if the petitioner is arrested or surrenders within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the FIR containing serious charges under the BNSS.
  • Whether the petitioner can be considered falsely implicated in the alleged assault and murder.
  • Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the grant of anticipatory bail in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • property dispute
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • serious offences
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17210 of 2026
                     Arising Out of PS. Case No.-130 Year-2024 Thana- PRATAPGANJ District- Supaul
                 ======================================================
                 Vivek Kumar S/o Naresh Mandal R/o - Ward no. 11, Bhawanipur Dakshin,
                 P.S - Pratapganj, District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Satish Kumar Singh
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109, 352, 351(2), 351(3), 308(2) and 3(5)                        of the

                   Bharatiya Nyaya Sanhita.

                             3.    The learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent. It is next submitted

                   that in sum and substance the informant alleges that the accused

                   persons including the petitioner came and petitioner instigated

                   his father, Naresh, for killing Satrudhan, on which Naresh

                   assaulted Satrudhan by rod causing injury on head.

                             4.    Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.17210 of 2026(3) dt.30-04-2026
                                            2/3




          informant. It is next submitted that the informant is claiming

          that the land in dispute has been purchased by him from one

          Vijay Kumar Bhagat and his wife, Gauri Kumari, on 2-5-2024.

          It is further submitted that petitioner and Vijay Kumar Bhagat

          are related and are having dispute relating to property for which

          Title Partition Suit No. 47 of 2017 is pending adjudication and

          Vijay Kumar Bhagat, during pendency of the aforesaid title

          partition suit, sold the land in dispute in favour of the informant,

          on account of which an altercation took place leading to the

          occurrence, but then it is submitted that petitioner is not alleged

          to have assaulted Satrudhan. It is further submitted that copy of

          the Title Partition Suit No. 47 of 2017 has been brought on

          record by filing supplementary affidavit. It is also submitted that

          petitioner is a student and has been falsely implicated in the

          instant case being son of Naresh.                It is next submitted that

          petitioner is a young boy aged about 20 years and if he is sent to

          judicial custody in the nature of allegation as alleged in the FIR,

          his entire career would get jeopardized and chances are bright

          that he may come in contact with hardened criminals.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner but then is not in a position to

          rebut the submission of the learned counsel appearing on behalf
              Patna High Court CR. MISC. No.17210 of 2026(3) dt.30-04-2026
                                                          3/3




                        of the petitioner that petitioner is not alleged to have assaulted

                        the deceased.

                                 6.     Considering the submissions made by the learned

                        counsel for the petitioner, the petitioner above-named, in the

                        event of his arrest or surrender within a period of six weeks

                        from today, be released on anticipatory bail on furnishing bail

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Pratapganj P.S. Case No. 130 of 2024, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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