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Patna High Court

Vikesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted pre‑arrest bail to the petitioners, subject to verification of the injury report and their criminal antecedents.

Summary

Vikesh Kumar and Hari Nandan Kumar, both students, were named in an FIR for assaulting an informant and her family with intent to kill, alleged under several sections of the Bihar Penal Code. They applied for pre‑arrest bail, arguing they had no specific overt act attributed to them, were merely members of an unlawful assembly, and possessed clean antecedents, with most charges being bailable except Section 109. The State opposed the bail. The Patna High Court, after reviewing the FIR and noting the lack of specific allegations against the petitioners, granted pre‑arrest bail subject to verification of the injury report and the condition that no injury is attributable to them, and directed the District Court to verify their criminal antecedents. The bail order would be vacated if they are found involved in other cases. The bail application was disposed of with the grant of bail.

Issues considered

  • Whether pre‑arrest bail should be granted to the accused under Sections 191(2), 190, 126(2), 115(2), 329(3), 74, 109, 352 and 351(2) of the Bihar Penal Code.
  • Whether the absence of a specific overt act and the petitioners' clean antecedents justify granting bail.
  • Whether the nature of the offences (bailable vs non‑bailable) affects the grant of pre‑arrest bail.

Subjects

  • pre‑arrest bail
  • bailable offences
  • assault
  • criminal antecedent
  • injury verification
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.29431 of 2026
                       Arising Out of PS. Case No.-256 Year-2025 Thana- IMAMGANJ District- Gaya

                 ======================================================
           1.     Vikesh Kumar, aged about 18 years, Male, S/O Sudama Bharti
           2.    Hari Nandan Kumar, aged about 20 years, Male S/O Rambriksh Bharti
                 Both are resident of Village- Badhai Khap, P.S.- Imamganj, Dist.- Gaya

                                                                                  ... ... Petitioner/s

                                                       Versus
                 The State of Bihar

                                                                            ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nand Kishore Prasad Sinha, Advocate
                 For the Opposite Party/s :       Mr.Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

                                                  ORAL ORDER

2   06-05-2026                        Heard Mr. Nand Kishore Prasad Sinha, learned

                   counsel appearing on behalf of the petitioners and Mr. Amitesh

                   Kumar, learned APP for the State.

                                2. The petitioners seeks pre-arrest bail in connection

                   with Imamganj P.S. Case No. 256 of 2025 registered for the

                   offence(s) punishable under Sections 191(2), 190, 126(2),

                   115(2), 329(3),74,109,352,351(2), of the BNS.

                                 3. As per the allegation made in the FIR, the accused

                   persons named therein including the petitioners assaulted the

                   informant and her family members, with an intention to kill,

                   causing injuries.
Patna High Court CR. MISC. No.29431 of 2026(2) dt.06-05-2026
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                        4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners are students and no

          specific overt act has been attributed to them. At best, they can

          be said to be members of unlawful assembly. Learned counsel

          further submitted that all the Sections are bailable except

          Section 109 of BNS. Petitioners have clean antecedents. On

          these grounds, petitioners seek to be released on pre-arrest bail.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR, and the fact that there is no specific allegation

          against the petitioners and they have clean antecedents, the

          petitioners, above named, are directed to be released on pre-

          arrest bail, subject to verification of the injury report and

          provided that no injury is found attributable to any overt

          act committed by these petitioners, on such terms and

          conditions as the learned District Court deems it fit and proper.

                       7. The learned District Court is directed to verify the

          criminal antecedent of the petitioners and if it is found that the

          petitioners are involved in some other cases, as what has been

          stated in paragraph no.3 of the bail application, this order will
           Patna High Court CR. MISC. No.29431 of 2026(2) dt.06-05-2026
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                     automatically lose its force.

                                  8. The bail application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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