Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail was granted to Rohit Kumar with conditions, and Vicky Kumar's application was dismissed as withdrawn.
Summary
The petitioners Vicky Kumar and Rohit Kumar sought bail relief in connection with PS Darigaon Case No.230 of 2025. Vicky Kumar withdrew his anticipatory bail application and was directed to surrender within four weeks and seek regular bail before the lower court. Rohit Kumar, fearing arrest for offences under Sections 191(2), 190, 115(2), 109, 352 and 351(2) of the B.N.S., 2023, applied for anticipatory bail, claiming a clean antecedent and that the alleged injuries were simple. The State opposed the bail. The court, noting the petitioner’s clean record and the minor nature of the alleged injury, granted anticipatory bail to Rohit Kumar subject to conditions under Section 438(2) of the CrPC, including a bail bond of Rs.10,000 with two sureties and compliance with further procedural conditions.
Issues considered
- Whether anticipatory bail should be granted to Rohit Kumar under Section 438(2) CrPC.
- Whether the withdrawal of Vicky Kumar's application warrants dismissal and direction to seek regular bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 190, 191(2), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- regular bail
- Section 438 CrPC
- clean antecedent
- withdrawal of application
- bail conditions
- Criminal Miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22232 of 2026
Arising Out of PS. Case No.-230 Year-2025 Thana- DARIGAON District- Rohtas
======================================================
1. Vicky Kumar S/o Naresh Sah @ Naresh Sah Gupta R/o Village - Bhadokhra,
P.S - Darigaon, District - Rohtas
2. Rohit Kumar S/o Naresh Sah @ Naresh Sah Gupta R/o Village - Bhadokhra,
P.S - Darigaon, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Kumar Upadhyaya, Advocate
For the Opposite Party/s : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-07-2026 After some arguments, learned counsel for the
petitioners seeks permission to withdraw this application with
respect to petitioner No.1, namely, Vicky Kumar with liberty to
the petitioner to surrender before the learned court below within
a period of four weeks from today and seek regular bail.
2. Permission is accorded.
3. The application is dismissed as withdrawn with
respect to petitioner No.1, namely, Vicky Kumar with the liberty
that the petitioner surrenders and seeks regular bail before the
learned court below, the same shall be considered on the same
day on its own merit in accordance with law and without being
prejudiced by any observation in the present order.
Patna High Court CR. MISC. No.22232 of 2026(3) dt.09-07-2026
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4.Heard Mr.Ashutosh Kumar Upadhyaya, learned
counsel for the petitioner No.2, namely, Rohit Kumar and
Mr.Prem Kumar Jha, learned APP for the State.
5. Petitioner No.2, namely, Rohit Kumar is
apprehending his arrest in connection with Darigaon P.S. Case
No.230 of 2025, dated 22.12.2025 registered for the offences
punishable under Sections 191(2), 190, 115(2), 109, 352,
351(2)of the B.N.S., 2023.
6. Allegation against the petitioner is that he along
with other co-accused person have assaulted the informant due
to which he sustained injuries.
7. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Due to
some petty dispute, the present occurrence has taken place. As
per allegation in the FIR, the petitioner has assaulted to one
Shatrudhan and he has received the injury but all the injuries
inflicted upon Shatrudhan is simple in nature.
8. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
9. Considering the aforesaid facts, petitioner has clean
Patna High Court CR. MISC. No.22232 of 2026(3) dt.09-07-2026
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antecedent and the and the injury inflicted upon the injured
person is simple in nature, let petitioner No.2, namely, Rohit
Kumar, in the event of his 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 learned Chief Judicial Magistrate,
Rohtas at Sasaram in connection with Darigaon P.S. Case
No.230 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) Petitioner 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 his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner 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 petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
Patna High Court CR. MISC. No.22232 of 2026(3) dt.09-07-2026
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Nitesh/-
U T
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