Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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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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