Patna High Court
Vikash Kumar @ Gujar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 308(2), 3(5), 351(2), 352, 482(2)
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
2/3
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/-
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