Patna High Court
Vikash Kumar Singh @ Vikash SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 329(3), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
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
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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
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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 √
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