Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
Vikas Kumar sought bail after learning that he might be arrested in connection with PS case No. 326 of 2025, which alleged his involvement in a robbery and assault under Sections 126(2), 118(1), 351(2) and 352 of the B.N.S. The prosecution alleged that the petitioner’s brother took money from an informant and that the petitioner later assaulted and stabbed the informant. The petitioner denied being present at the scene, claimed the informant habitually files false cases, and asserted he had a clean record. The State opposed the bail application. Considering the doubtful nature of the allegations and the possibility of false accusation, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties and complying with conditions under Section 482(2) of the B.N.S.S. and further attendance requirements.
Issues considered
- Whether bail should be granted to the petitioner given the allegations under Sections 126(2), 118(1), 351(2) and 352 of the B.N.S.
- Whether the allegations against the petitioner are sufficiently credible to deny bail
Legislation cited
Subjects
- bail
- false accusation
- criminal procedure
- B.N.S.
- Section 126
- Section 118
- Section 351
- Section 352
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29046 of 2026
Arising Out of PS. Case No.-326 Year-2025 Thana- BUNIYAD GANJ District- Gaya
======================================================
Vikas Kumar S/o Mahendra Prasad R/o Village- Kukra, Post- Alipur, Dist-
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyadarshi Pankaj Raj Anand, Advocate
For the Opposite Party/s : Mrs.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Buniyadganj P.S.
Case No. 326 of 2025 registered for the offences under Sections
126(2), 118(1), 351(2), 352 of B.N.S.
3. As per prosecution case, the brother of the
petitioner took some money from the informant and when the
informant came to the place where the brother of the informant
had called him to return the money, this petitioner came and hit
him with fists and also stabbed him with a knife. The petitioner
fled away when the informant raised alarm.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29046 of 2026(2) dt.06-05-2026
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the petitioner is innocent and has falsely been implicated in this
case. The petitioner was not present at the place of occurrence
as alleged. The money was taken by the brother of the petitioner
from the informant and it is not believable that the petitioner
intervened and stabbed the informant. Learned counsel further
submits that, in fact, the informant is in the habit of lodging
false cases in order to extort money. The petitioner and the
informant were classmate and batch-mate till graduation and it
was the informant, who used to take money from the petitioner.
Learned counsel further submits that no injury as alleged has
been caused to the informant and for this reason, no injury
report has been brought on record. The petitioner is having clean
antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
doubtful nature of allegation against the petitioner and
possibility of false accusation, let the petitioner above named, in
the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Patna High Court CR. MISC. No.29046 of 2026(2) dt.06-05-2026
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Only) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate,
Gayajee/concerned court in connection with Buniyadganj P.S.
Case No. 326 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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