Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, six residents of Katorwa village, sought anticipatory bail fearing arrest in a Bodhgaya police case (No. 194 of 2025) involving alleged assault on an informant and his family under several sections of the Bihar Narcotic Substances Act, 2023. The prosecution alleged their participation in the assault, while the petitioners contended they have clean antecedents, were falsely implicated, and that the FIR specifically names other co‑accused, with only minor injuries reported. They also highlighted that similarly situated co‑accused had been granted anticipatory bail in a prior order. The court, noting the lack of specific allegations against them and their clean record, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC, including cooperation with the trial, presence in court, and no tampering with evidence. The bail order also empowered the lower court to cancel the bail if conditions are breached or a concealed criminal antecedent is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the Code of Criminal Procedure given the allegations of assault under the Bihar Narcotic Substances Act, 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 303(2), 318(1), 324(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Narcotic Substances Act
- false implication
- clean antecedent
- bail conditions
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20387 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1. Vikas Kumar Son of Indi Manjhi Resident Of Village- Katorwa, Ps-
Bodhgaya, Dist- Gaya
2. Rinku Kumar son of Anil Singh Resident Of Village- Katorwa, Ps-
Bodhgaya, Dist- Gaya
3. Daroga Singh son of Baliram Singh Resident Of Village- Katorwa, Ps-
Bodhgaya, Dist- Gaya
4. Ombir Kumar son of Mahendra Manjhi Resident Of Village- Katorwa, Ps-
Bodhgaya, Dist- Gaya
5. Fekan Kumar @ Pappu singh Son of Anil Singh Resident Of Village-
Katorwa, Ps- Bodhgaya, Dist- Gaya
6. Raj Kumar son of Mahendra Manjhi Resident Of Village- Katorwa, Ps-
Bodhgaya, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. Amit Ranjan, learned counsel for the
petitioners and Mr. Bharat Lal, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Bodhgaya P.S. Case No. 194 of 2025, F.I.R.
dated 15.03.2025 for the offences punishable under Sections
115(2), 318(1), 109, 303(2), 324(2) and 352 of the BNS, 2023.
3. According to prosecution case, all these petitioners
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along with other accused persons have brutally assaulted the
informant and his family members.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that although
the petitioners are named in the FIR but from perusal of the FIR
it appears that the specific allegation of assault is attributed
against the co-accused persons namely, Bhola Singh, Gudiya
Devi, Sohani Devi, Aarti Devi, Shyam Singh and Shankar Singh
and there is no specific allegation of assault or overt act
attributed against these petitioners and they have been made
accused in the present case due to ulterior motive. Although the
persons have received injury but the injury report of the injured
persons suggest that the injuries are simple in nature. He further
submits that the similarly situated co-accused persons, namely,
Suraj Kumar and others have been granted anticipatory bail by
this Court vide order dated 17.07.2025 passed in Cr. Misc. No.
45101 of 2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is no specific
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allegation against these petitioners and the similarly situated co-
accused persons have been granted anticipatory bail by this
Court, let the petitioners, above named, in the event of their
arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned C.J.M., Gaya Ji in connection with Bodhgaya P.S.
Case No. 194 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure and
with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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