Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified.
Summary
The petitioners, three residents of Daudbat, Bhagalpur, were accused of assault, extortion and other offences under several sections of the Bharatiya Nyaya Sanhita for allegedly demolishing a boundary wall, fixing a gate and demanding Rs. 13 lakh to allow passage. They contended that the matter stemmed from a civil boundary dispute and that the allegations of assault were vague, asserting their innocence and clean antecedent. The State opposed the anticipatory bail application. The Court examined the nature of the accusations, the civil character of the dispute, and the petitioners' clean record. Considering these factors, the Court granted anticipatory bail, directing that if arrested within eight weeks, the petitioners be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite allegations under Sections 126(2), 115(2), 324(4)(5), 308(3), 352, 351(2)(3), 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the alleged acts constitute a cognizable offence warranting denial of bail.
- Whether the dispute is purely civil and thus does not justify criminal prosecution.
- Whether the petitioners' clean antecedent warrants bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 308(3), 324(4), 324(5), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- extortion
- boundary dispute
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- civil dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18511 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- HABIBPUR District- Bhagalpur
======================================================
1. Vikram Kumar Son of Ashok Paswan @ Bonga Paswan Residents of
Muhalla - Daudbat, P.S.- Habibpurt, District - Bhagalpur.
2. Akash Paswan @ Akashdeep Kumar Son of Late Mahesh Paswan @
Mahesh Chandra Paswan Residents of Muhalla - Daudbat, P.S.- Habibpurt,
District - Bhagalpur.
3. Prince Kumar Son of Arbind Paswan Residents of Muhalla - Daudbat, P.S.-
Habibpurt, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-04-2026 Heard learned counsel for petitioners and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 324(4)
(5), 308(3), 352, 351(2) (3), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, on 08.04.2025 at about 11
AM, when informant went to see her plot, she found that
boundary wall was demolished and one gate was fixed by these
petitioners in the passage and they demanded Rs. 13 lacs to pass
through the gate and when informant protested, these petitioners
abused and assaulted her.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.18511 of 2026(2) dt.02-04-2026
2/2
petitioners are innocent and have committed no offence. As a
matter of fact, petitioners have falsely been implicated in this
case due to boundary dispute between the parties. Allegation of
assault is general and omnibus and there is no allegation of any
specific overt act against these petitioners. Dispute involved in
this case is purely civil in nature. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, dispute and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Bhagalpur in connection with Habibpur P. S. Case No.
61 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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