Patna High Court

Vineet KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted bail to the petitioner, subject to bond and sureties.

Summary

Vineet Kumar, a 21‑year‑old student, was implicated in a FIR alleging that he, while intoxicated, assaulted the son of an informant with a lathi. He sought bail, claiming innocence, lack of prior criminal record, and that the injuries were minor. The State opposed the bail. The court noted the petitioner’s clean antecedent, his youth, the grant of anticipatory bail to similarly situated co‑accused, and the nature of the allegations, and consequently ordered his release on bail upon surrender, subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the FIR under multiple sections of the Bharatiya Nyaya Sanhita.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 303(2), 3(5)

Subjects

anticipatory bail
bail under Section 482
criminal procedure
assault
intoxication
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17736 of 2026
                        Arising Out of PS. Case No.-69 Year-2025 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Vineet Kumar S/o Sunil Kumar Singh Resident of village - Sarangpur, P.O.-
                 Kuchhila, P.S.- Kochas, District- Rohtas, Bihar- 821112

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Sukesh Ranjan, Advocate
                                                  Mr. Abhiyanshu Ranjan, Advocate
                                                  Mr. Shailesh Anand, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-03-2026                             Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                        2. The petitioner apprehends his arrest in a case

                   registered under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   109(1) and 303(2) of the Bharatiya Nyaya Sanhita r/w Section

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                    3. As per the F.I.R., on the alleged date and time of

                   occurrence, when the informant was sitting at his shop, the

                   petitioner along with several other named accused persons, in

                   drunken condition, came there and started abusing him. It is

                   alleged that this petitioner assaulted the son of the informant,

                   namely, Suhail Ansari with lathi.
Patna High Court CR. MISC. No.17736 of 2026(2) dt.25-03-2026
                                            2/3




                          4.    Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and has falsely

          been implicated in the present case. Further submission is that

          the injuries on the injured are simple in nature. There is case and

          counter case between the parties. Similarly situated several co-

          accused persons have already been granted anticipatory bail by

          a Co-ordinate Bench of this Court vide order dated 02.12.2025

          passed in Cr. Misc. No. 35021 of 2025. Petitioner is a student,

          aged about 21 years, preparing for the competitive examination.

          He has got no criminal antecedent and he undertakes to

          cooperate in the investigation and trial.

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

          bail.

                        6. Having considered the facts and circumstances of

          the case, nature of allegation, age of the petitioner, similarly

          situated co-accused persons have been granted bail and clean

          antecedent of the petitioner, let the above named petitioner be

          released on bail, in the event of arrest or surrender before the

          learned court below within a period of six 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 Judicial Magistrate-I, Sasaram in connection with
            Patna High Court CR. MISC. No.17736 of 2026(2) dt.25-03-2026
                                                        3/3




                      Kochas P.S. Case No. 69 of 2025, subject to the conditions as

                      laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
utkarsh/-
U       T

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