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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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