Patna High Court
Vikesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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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