Patna High Court

Vishwajit kumarversusThe State of Bihar

Decided: 24 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Vishwajit Kumar filed an anticipatory bail application fearing arrest in Rupauli P.S. Case No. 184 of 2025, which alleged his involvement in assaulting an informant with a lathi on the leg and included charges under multiple sections of the B.N.S., notably the non‑bailable Section 109. The petitioner claimed innocence, no prior criminal record, and argued that the allegations were bailable in nature. The State opposed the bail, emphasizing the seriousness of the charges. After hearing both sides, the High Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order effectively safeguards the petitioner’s liberty pending trial.

Issues considered

Whether anticipatory bail can be granted in a case involving non‑bailable offences such as Section 109 of the B.N.S.
Whether the nature of the alleged assault renders the offence bailable or non‑bailable
Whether the petitioner’s lack of criminal antecedents warrants bail

Legislation cited

B.N.S. — s. 109, 115(2), 117(2), 118(I), 126(2), 189(2), 191(2), 191(3), 303(2), 351(2), 352
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
non‑bailable offence
assault
Section 109
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19857 of 2026
                       Arising Out of PS. Case No.-184 Year-2025 Thana- RUPAULI District- Purnia
                 ======================================================
                 Vishwajit kumar Son of Nakul pandit Resident of Village - Gaddighat, Ward
                 no. 14, P.S. - Rupauli, Dist. - Purnea.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection

                   with Rupauli P.S. Case No. 184 of 2025 instituted for the

                   offence under Sections 189(2), 191(2), 191(3), 126(2), 115(2),

                   118(I), 117(2), 109, 303(2), 352, 351(2) of B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner has assaulted with lathi on the leg of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has falsely been implicated in this

                   case. Learned counsel for the petitioner has submitted that there
Patna High Court CR. MISC. No.19857 of 2026(2) dt.24-04-2026
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          is only allegation against the petitioner is that of assaulting with

          lathi and that too on the leg of the informant and from perusal of

          the order of the learned trial Court, it will transpire that learned

          trial Court has recorded that this petitioner has assaulted the

          victim by using iron rod and lathi. The allegation of assaulting

          with iron rod and lathi is general and omnibus. The specific

          allegation is that of assaulting the informant with lathi that too

          on leg. Learned counsel for the petitioner has submitted that

          though the allegations are bailable in nature, police has filed this

          case under Section 109 of the B.N.S. that is why he is

          apprehending his arrest. Petitioner has got no criminal

          antecedent.

                       5.Learned       APP        appearing    for   the   State   has

          vehemently opposed the prayer of bail of the petitioner.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Rupauli P.S. Case No. 184 of 2025, he will

          be enlarged on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees ten thousand) with two sureties of the like amount each
             Patna High Court CR. MISC. No.19857 of 2026(2) dt.24-04-2026
                                                         3/3




                       to the satisfaction of learned C.J.M. I/C, Purnea, subject to the

                       conditions as laid down under section 482 (2) of the B.N.S.S.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T

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