Patna High Court
Vijay Singh @ Bijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 2(1)(d), 324(4), 324(5), 3(5), 352, 482(2), 74
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
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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
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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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