Created by Fuzzy Cloud

Patna High Court

Vikash Kumar Singh @ Vikash SinghversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail is granted where the accused has minimal prior record and the alleged injury is non‑vital, but denied where the accused has multiple prior convictions.

Summary

The petitioners, Vikash Kumar Singh and Amit Raj, were charged under multiple provisions of the Bhartiya Nyaya Sanhita, 2023 for assaulting an informant and his family, causing injuries including a fractured hand and leg injuries. The petitioners claimed they were falsely implicated due to village enmity and argued that the FIR contained only vague allegations and the injuries were to non‑vital parts. The State opposed anticipatory bail, highlighting the grievous nature of the injuries and noting that petitioner 2 had five prior convictions while petitioner 1 had only one. The Court, considering petitioner 1's young age, single prior record, and the non‑vital nature of the victim's injuries, granted anticipatory bail to him under Section 438(2) of the CrPC. Conversely, the Court denied anticipatory bail to petitioner 2 because of his multiple criminal antecedents, dismissing his application.

Issues considered

  • Whether anticipatory bail should be granted to petitioner no. 1 given the facts and his criminal record.
  • Whether anticipatory bail should be granted to petitioner no. 2 in view of his multiple prior convictions and the nature of the alleged offences.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • criminal antecedents
  • Bhartiya Nyaya Sanhita
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24195 of 2026
                     Arising Out of PS. Case No.-173 Year-2025 Thana- DHARHARA District- Munger
                 ======================================================
           1.     Vikash Kumar Singh @ Vikash Singh S/o Shankar Singh Resident of
                  village- Bhalar, P.S.- Dharahra, District- Munger
           2.    Amit Raj @ Dhurka @ Amit Singh S/o Ram Padarath Singh Resident of
                 village- Bhalar, P.S.- Dharahra, District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kumar Kamal Nayan
                 For the Opposite Party/s :      Mr.Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-04-2026         1.   Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Dharhara Police Station Case No. 173 of 2025, dated

                            01.10.2025,       disclosing    offences      punishable       under

                            Sections      126(2)/115(2)/117(2)/109/329(3)/352/351(2)/3

                            (5) of the Bhartiya Nyaya Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that the petitioners, along with others, entered into the

                            house of the informant and started abusing him. When the

                            father of the informant objected, the petitioners, along

                            with others, assaulted him by lathi on his right hand, due
Patna High Court CR. MISC. No.24195 of 2026(2) dt.22-04-2026
                                            2/4




                   to which he sustained fracture injury in his right hand.

                   When the informant and his sister tried to save him, all

                   the accused persons assaulted them also, due to which the

                   informant sustained injuries in both of his legs and on

                   chest.

              4.   Learned Counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated

                   in this case due to previous enmity. Both the parties are

                   co-villagers. He further submits that there is no specific

                   allegation against the accused persons and only general

                   and omnibus allegations are there in the First Information

                   Report. He next submits that the victim has sustained

                   injury on the non-vital part of his body.

              5.   On the other hand, learned Counsel for the State opposes

                   the prayer for anticipatory bail and submits that the victim

                   has sustained grievous injury. He further submits that the

                   petitioner no. 2 has five criminal antecedents whereas the

                   petitioner no. 1 has got only one criminal antecedent.

              6.   Regards being had to the submissions advanced on behalf

                   of the parties and taking into consideration the fact that

                   the petitioner no. 1 is aged about 21 years, the victim has

                   sustained grievous injury on the non-vital part of his body
            Patna High Court CR. MISC. No.24195 of 2026(2) dt.22-04-2026
                                                        3/4




                               and he has got only one criminal antecedent, I am

                               inclined to grant the petitioner no. 1 privilege of

                               anticipatory bail.

                          7.   This application, so far as petitioner no. 1 is concerned, is

                               allowed.

                          8.   Let the petitioner no. 1, above named, in the event of his

                               arrest or surrender before the Court below within a period

                               of four weeks from today, 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, Munger, in connection

                               with Dharhara Police Station Case No. 173 of 2025,

                               subject to the condition laid down under Section 438 (2)

                               of the Code of Criminal Procedure.

                          9.   Considering the fact that the petitioner no. 2 has got five

                               criminal antecedents, I am not inclined to grant the

                               petitioner no. 2 privilege of anticipatory bail.

                          10. This application, so far as petitioner no. 2 is concerned, is

                               dismissed.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √
Patna High Court CR. MISC. No.24195 of 2026(2) dt.22-04-2026
                                            4/4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.