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Patna High Court

Vijay Singh @ Bijay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond and conditions.

Summary

Vijay Singh was named in FIR No. 109 of 2025 for alleged assault with an iron rod and damage to a vehicle, invoking several offences under the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, stating the dispute arose over cow dung and that a prior proceeding under section 126 had already been initiated. The State opposed bail, highlighting the existence of a pending case against the petitioner. The court examined the facts, the presence of case and counter‑case, and the petitioner’s bail history. It ordered anticipatory bail, requiring a Rs.30,000 bond and compliance with conditions under sections 2(1)(d) and 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail bond
  • section 126
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32990 of 2026
                 Arising Out of PS. Case No.-109 Year-2025 Thana- NAYA RAM NAGAR District- Munger
                 ======================================================
                 Vijay Singh @ Bijay Kumar Son of Late Krishnandan Singh R/o- Village -
                 Itahari P.s- NayaRamnagar Dist - Munger Bihar

                                                                               ... ... Petitioner/s

                                                     Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Princy Raj, Adv.
                 For the Opposite Party/s :     Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   13-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Naya Ram Nagar P.S. Case No. 109 of 2025 lodged on

                   03.12.2025, for the offence punishable under Sections 126(2),

                   115(2), 109, 74, 324(4), 324(5), 352 & 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   six named accused persons including the present petitioner. The

                   allegation against the petitioner is that the petitioner along with

                   other accused persons have assaulted the informant by iron rod

                   and khanti due to which, head injury has been caused. The

                   allegation of damaging the vehicle is also there. Subsequently,
Patna High Court CR. MISC. No.32990 of 2026(2) dt.13-05-2026
                                            2/3




          the informant’s side called the police for help.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that from the content of the FIR, it become crystal clear

          that basic cause of dispute is keeping the cow dung at a place.

          Both the parties started scuffling due to which injuries have

          been caused to both the sides. He submits that prior to filing of

          the FIR, the proceeding under section 126 of the BNSS has been

          initiated against the parties, in which, bond was directed to be

          submitted. But, even then, the scuffling took place and there are

          case and counter case for the same date and place of occurrence

          from both the sides. He further submits that the criminal

          antecedent of the petitioner is not clean as there is one case

          pending against him in which, he is on bail.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that from the record, it

          transpires that for the same date and place of occurrence, there

          are case and counter case from both the sides and both parties

          are resident of the same village.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the
             Patna High Court CR. MISC. No.32990 of 2026(2) dt.13-05-2026
                                                         3/3




                       Trial Court within a period of 4 weeks from today, on furnishing

                       bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of J.M. 1st Class, Munger, in connection with Naya

                       Ram Nagar P.S. Case No. 109 of 2025, subject to the conditions

                       as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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