Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 121(1), 121(2), 126(2), 127(2), 132, 190, 191(2), 324(4), 3(5)
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
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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
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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
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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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