Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Vikash Kumar applied for anticipatory bail in connection with a case alleging assault that led to the death of an informant's husband. He contended that the FIR was lodged two days after the alleged incident and that the post‑mortem report showed no external injuries, attributing death to cardiac arrest. The petitioner highlighted his clean antecedent and argued that the dispute was merely over land. The State opposed the bail, asserting the seriousness of the offences under Sections 103(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. Considering the delay in filing the FIR, the post‑mortem findings, and the petitioner’s good character, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a family member as a bailor, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged assault and death.
- Whether the delay in lodging the FIR and the post‑mortem findings negate the charge of murder.
- Whether the petitioner’s antecedent and the nature of the dispute justify bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(2), 3(5), 352
Subjects
- anticipatory bail
- FIR delay
- post-mortem report
- land dispute
- assault
- murder
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2777 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Vikash Kumar S/o- Jitendra Das Resident of Chakbahauddin ward no 01 PS-
Dalsinghsarai, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Ankita Singh, Adv.
For the Opposite Party/s : Mrs. Nirmala Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate appearing on behalf of the
petitioner and the learned Additional Public Prosecutor for the
State.
2. The petitioner apprehends his arrest in connection
with Dalsinghsarai P.S. Case No. 324 of 2025, registered for the
offences punishable under Sections 103(2), 352, 3(5) of the
Bharatiya Nyaya Sanhita.
3. The allegation against the petitioner is of causing
assault to the husband of the informant by means of lathi,
danda, fist and slap. It is specifically alleged that in course of
putting a ridge over the land, a dispute has arisen, whereupon
the petitioner alongwith co-accused Jitendra Das, hold the
husband of the informant and thrashed them. On account of
assault, the husband of the informant sustained serious injuries,
Patna High Court CR. MISC. No.2777 of 2026(2) dt.04-02-2026
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leading to his death.
4. Learned Advocate appearing on behalf of the
petitioner submitted that the alleged occurrence took place in
the morning of 28.08.2025 and the present FIR came to be
instituted on 30.08.2025. Moreover, the entire allegation falls to
the ground for the simple reason that during the course of post-
mortem, no external injuries have been found over the body of
the deceased and the cause of death is said to be cardio arrest.
Taking note of the aforesaid facts, one of the co-accused
namely Rajiya Devi has been extended the privilege of
anticipatory bail by a Bench of this Court in Criminal
Miscellaneous No. 88478 of 2025. The petitioner is a man of
fair antecedent and he further submits that the reason behind the
falls implication of the petitioner and his family members is
nothing, but a land dispute.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application.
6. Regard being had to the submissions made on
behalf of the parties and considering the delay in lodging of
the FIR besides the post-mortem report which suggest no
external or internal injuries over the body of the deceased as
well as the fair antecedent of the petitioner, let the petitioner
Patna High Court CR. MISC. No.2777 of 2026(2) dt.04-02-2026
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above named be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-1, Dalsinghsarai
(Samastipur) in connection with Dalsinghsarai P.S. Case No.
324 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the
further condition that one of the bailors shall be the own/close
family members of the petitioner.
(Harish Kumar, J)
supratim/-
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