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Patna High Court

Vikas KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        3/3




                      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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