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Patna High Court

Vikram KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail on furnishing a bond of Rs. 10,000 with two sureties.

Summary

Vikram Kumar applied for bail in a case registered as Bodhgaya P.S. Case No. 224 of 2025, alleging offences under Sections 191(2), 190, 126(2), 115(2), 326(g), 109 and 303(2) of the B.N.S., 2023. The prosecution alleged that the petitioner, along with many others, demanded free sand, snatched Rs. 50,000 and assaulted Kapil Kumar with an iron rod, causing a simple injury. The petitioner claimed innocence, argued that the FIR was vague, highlighted that the injury was minor, noted lack of criminal antecedents and that a co‑accused had already been granted bail. The State opposed bail. After hearing both sides, the Court found no compelling reason to deny bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the alleged offences
  • Whether the minor injury and lack of prior criminal record justify granting bail
  • Whether the allegations in the FIR are specific enough to warrant denial of bail

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 326(g)

Subjects

  • bail
  • criminal procedure
  • assault
  • theft
  • injury
  • B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25212 of 2026
                       Arising Out of PS. Case No.-224 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Vikram Kumar S/o Mithlesh Yadav R/o vill - Tikabigha, P.S.- Bodhgaya,
                 Distt.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bodhgaya P.S. Case No. 224 of 2025 registered for the

                   offence punishable under Sections 191(2), 190, 126(2), 115(2),

                   326(g), 109 and 303(2) of the B.N.S., 2023.

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

                   petitioner, along with 30 other named and 25-30 unnamed

                   accused persons, came to the sand ghat and demanded sand free

                   of cost from the contractor. Thereafter, it is stated that an

                   altercation took place and Rs. 50,000/- was snatched, and the

                   petitioner, along with others, assaulted Kapil Kumar with an

                   iron rod on the head.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.25212 of 2026(2) dt.18-04-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. From perusal of the FIR, it is clear that the nature of the

          allegation is general and omnibus. He also submits that from

          perusal of the order of the learned trial court, it is clear that the

          learned trial court has recorded that injured Kapil Kumar has

          specifically stated that the petitioner was assaulted on his head

          by an iron rod. As per the injury report, the injury of Kapil

          Kumar is simple in nature. He further submits that in any view

          of the matter, the injury that is alleged to be caused by the

          petitioner is simple in nature. He further submits that the other

          co-accused person has been granted bail by the learned

          coordinate bench of this court vide Cr. Misc. No. 38404 of

          2025. Moreover, a statement has been made in para 3 of the

          petition that petitioner has no criminal antecedent and he is

          languishing in judicial custody since 25.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail
           Patna High Court CR. MISC. No.25212 of 2026(2) dt.18-04-2026
                                                       3/3




                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Chief

                     Judicial Magistrate, Gaya in connection with Bodhgaya P.S.

                     Case No. 224 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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