Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 2(1)(d) and Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.
Summary
Vikash Kumar was named in FIR No. 148 of 2025 under multiple sections of the Bhartiya Nyaya Sanhita, 2023 for alleged assault and abuse. The petitioner claimed innocence, arguing that the FIR was filed in two parts and that the original allegation of assault did not involve him. He also highlighted a pending criminal case against him but contended that no prior FIR existed regarding the incident. The State opposed bail, maintaining that the allegations of abuse were substantiated. The High Court, after hearing both sides, granted anticipatory bail to the petitioner, subject to a bail bond of Rs.30,000 and specific conditions including family surety, regular appearance before the trial court, and non‑absconding.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023.
- Whether the allegations in the FIR constitute sufficient ground to deny bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 2(1)(d), 308(3), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- abuse
- Bhartiya Nyaya Sanhita
- criminal procedure
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27006 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- GHOSWARI District- Patna
======================================================
Vikash Kumar Son of Lalan Ram Resident of Village- Dhanakdobh, P.S.-
Ghoswari, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Ghoswari P.S. Case No. 148 of 2025, dated 21.11.2025,
lodged under Sections 126(2), 115(2), 308(3), 109(1), 117(2),
352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023
(hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, an FIR has been lodged
against five named accused persons, including the present
petitioner. The specific allegation against the present petitioner
is of assault and abuse.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the FIR has been lodged in two parts. The
Patna High Court CR. MISC. No.27006 of 2026(2) dt.22-04-2026
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first part is dated 25.11.2025, relating to a demand of ransom of
Rs. 2,00,000/-. Thereafter, on 20.11.2025, the initial allegation
of assault was not against the petitioner but against three other
co-accused persons. Subsequently, an allegation has been made
against the petitioner that he, along with three others, came and
abused and assaulted the informant’s side. Counsel further
submits that the criminal antecedent of the petitioner is not
clean, as there is one criminal case pending against him.
Counsel further submits that, in the FIR, only allegations of
abuse and assault are made. No FIR had been lodged earlier
regarding the alleged occurrence, and, with a view to develop
the case, such allegations have been made.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that, for the occurrence dated
20.11.2025 which resulted in the filing of the FIR, the allegation
is of abuse.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
Patna High Court CR. MISC. No.27006 of 2026(2) dt.22-04-2026
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satisfaction of Sub-Divisional Judicial Magistrate, Barh, in
connection with Ghoswari P.S. Case No. 148 of 2025, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023 with
other following conditions:-
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself;
(iii) The petitioner shall not abscond in connection
with Ghoswari P.S. Case No. 43 of 2025.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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