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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to payment of Rs.2,000 each to the Chief Minister’s Relief Fund and compliance with specified bail conditions.

Summary

Vikash Kumar and Rahul Kumar, residents of Punpun, sought anticipatory bail after being implicated in a police case (Punpun P.S. Case No. 355 of 2025) for alleged offences under multiple sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that they participated in stone‑pelting and damage to the police station following a road‑accident, based on the identification by a chowkidar. The petitioners contended they were mere passersby, had no criminal antecedent, and offered to pay Rs.2,000 each to the Chief Minister’s Relief Fund. The State opposed the bail, relying on the chowkidar’s identification. Considering the petitioners’ clean record and their willingness to make the payment, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a series of conditions including regular police appearances and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita despite the allegations against them
  • Whether the petitioners' clean criminal record and willingness to pay a relief fund amount justify the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • no criminal antecedent
  • bail conditions
  • relief fund
  • passerby defense

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31284 of 2026
                        Arising Out of PS. Case No.-355 Year-2025 Thana- PUNPUN District- Patna
                 ======================================================
           1.     Vikash Kumar S/o Chhote Chaudhary @ Laldeo Chaudhary R/o Village -
                  Pothahi, P.S - Pun-Pun (Kewra), District - Patna
           2.    Rahul Kumar S/o Chhote Chaudhary @ Laldeo Chaudhary R/o Village -
                 Pothahi, P.S - Pun-Pun (Kewra), District - Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :       Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-05-2026                    Heard the parties.

                                2. The petitioners are apprehending his arrest in

                   connection with Punpun P.S. Case No. 355 of 2025 registered

                   for the offence under Sections 126(2), 127(2), 115(2), 109(1),

                   191(2), 190, 132, 121(1), 121(2), 324(4) and 3(5) of the

                   Bharatiya Nyaya Sanhita, lodged on 06.12.2025 by the

                   informant, Deepak Kumar Singh.

                                3. As per the prosecution story, the informant alleged

                   that after a person died of road accident, as the Police reached

                   the place, the relatives and their associates not only raised

                   slogans and abused, pelted stones causing damage to the Punpun

                   Police Station as also the injuries to the Homeguard, Driver and
Patna High Court CR. MISC. No.31284 of 2026(2) dt.07-05-2026
                                            2/4




          Chowkidar. The Chowkidar identified the accused which led to

          the F.I.R., implication of these petitioners.

                       4. Learned counsel for the petitioners submit that they

          were a passerby, got implicated, have no criminal antecedent.

          Further submission is that without accepting the allegation or

          outcome of the present petition the petitioners intend to pay

          Rs.2,000/- each by Demand Draft issued by the local branch of

          the State Bank of India/any Nationalized Bank to the Chief

          Minister’s Relief Fund.

                       5. Learned APP Mr. Jitendra Kumar Singh, opposes

          the prayer submitting that the Chowkidar has named them.

                       6. Taking into account the submissions of the parties

          as also the fact that the petitioners do not have criminal

          antecedent, in that background, this Court is inclined to extend

          them the privilege of anticipatory bail subject to payment of

          Rs.2,000/- each to the Chief Minister’s Relief Fund as

          undertaken by the learned counsel for the petitioner through

          Demand Draft issued by the local branch of the State Bank of

          India/Nationalized Bank to be submitted at the time of

          execution of the bail bond.

                       7. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.31284 of 2026(2) dt.07-05-2026
                                            3/4




          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of        learned Sub-Divisional Judicial Magistrate,

          Masaurhi, Patna, in connection with Punpun P.S. Case No. 355

          of 2025 subject to the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the petitioners shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her bail bond by the Trial Court itself;

                       (iv) the petitioners shall appear before the concerned

          police station every month for next six months to mark his

          attendance and at the end of the period a certificate be submitted

          before the Trial Court failing which the State shall be at liberty

          to take steps for cancellation of bail bonds;

                       (v) the petitioners shall in no way try to induce or
             Patna High Court CR. MISC. No.31284 of 2026(2) dt.07-05-2026
                                                         4/4




                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (vi) the petitioners shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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