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Patna High Court

Vikash Kumar @ Gujar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, given the absence of a specific assault allegation against the petitioner, his clean antecedent, and the nature of the charges, anticipatory bail should be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Vikash Kumar, sought anticipatory bail in a case (Fatehpur P.S. Case No.134 of 2025) where he was alleged to have participated in the robbery and assault of an informant, including snatching a gold chain and taking cash. The prosecution charged him under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated, that no specific assault allegation was made against him, and highlighted his clean antecedent. The State opposed the bail. Considering the lack of a direct assault allegation, the petitioner’s clean record, and the nature of the charges, the court ordered that he be released on bail upon furnishing a bond and sureties, subject to conditions under Section 482(2) of the B.N.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite charges under the B.N.S., 2023 and the Arms Act.
  • Whether the absence of a specific allegation of assault against the petitioner warrants bail.
  • Whether the petitioner’s clean antecedent and cooperation with investigation justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nagarik Suraksha Sanhita
  • Arms Act
  • clean antecedent
  • Section 482
  • bail conditions
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17825 of 2026
                       Arising Out of PS. Case No.-134 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Vikash Kumar @ Gujar Kumar S/O Birendra Singh @ Virendra Singh R/O
                 Vill.- Bargano, P.s- Fatehpur, District- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mrigendra Kumar, Advocate.
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Fatehpur P.S. Case No.134 of 2025 instituted under

                   Sections 126(2), 115(2), 303(2), 308(2), 109, 351(2), 352 and

                   3(5) of the B.N.S., 2023 and under Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner

                   alongwith other co-accused persons came at the shop of

                   informant and purchased some article, when the informant

                   demanded money then the petitioner and others abused him and

                   assaulted with belt, fists and slaps. It is alleged that petitioner

                   snatched gold chain of 2 bhar from the neck of informant and

                   all the accused persons took Rs.1,25,000/- from his pocket and

                   shop.
Patna High Court CR. MISC. No.17825 of 2026(2) dt.25-03-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. He further submits that there is no specific allegation of

          assault against the petitioner, rather the allegation is of snatching

          the gold chain from the neck of the informant which is

          ornamental in nature. Learned counsel submits that the name of

          petitioner has been implicated in this case due to being the

          friend of co-accused Chandan Kumar. He further submits that

          the petitioner has got clean antecedent and he undertakes to

          cooperate in the investigation and trial of the case.

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

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties, the nature

          of allegation against the petitioner and the fact that there is no

          specific allegation of assault against him as well as his clean

          antecedent, in the event of arrest or surrender before the Court

          below within six weeks from today, the petitioner be released on

          bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount to each to the

          satisfaction of the learned Chief Judicial Magistrate, Gaya/

          concerned Court in connection with Fatehpur P.S. Case No.134
              Patna High Court CR. MISC. No.17825 of 2026(2) dt.25-03-2026
                                                          3/3




                        of 2025, subject to the conditions laid down in Section 482(2) of

                        the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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