Patna High Court

Vikash Kumar @ BanthaversusThe State of Bihar

Decided: 20 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted regular bail to the petitioner.

Summary

Vikash Kumar was arrested in connection with a case where he and other accused allegedly assaulted two individuals with a sword, causing injuries. The prosecution alleged the assault was carried out under the pretext of a birthday celebration, and the offences were registered under Sections 126(2), 115(2), 118(1), 109, 3(5) and later 103(1) of the B.N.S. The petitioner contended that he was falsely implicated, there were no eye‑witnesses, no specific allegation against him, and he had a clean criminal record, having been in custody since 27 May 2025. He also pointed out that co‑accused persons had already been granted bail by the same court. The State opposed the bail application, arguing the seriousness of the offences. Considering the lack of direct evidence, the petitioner’s clean antecedent, the period already spent in custody, and the precedent of bail to co‑accused, the court ordered regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the B.N.S.

Legislation cited

B.N.S. — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5)

Subjects

regular bail
criminal procedure
assault with sword
B.N.S.
clean antecedent
co‑accused bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.333 of 2026
                    Arising Out of PS. Case No.-8 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Vikash Kumar @ Bantha S/o- Paresh Mahato@ Paras Mahto Village- Bangra
                 Nizamat PS- Sahebganj District- Muzaffarpur, Bihar
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Preety Kunwar, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   20-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sahebganj P.S. Case No. 08 of 2025 for the offences registered

                   under Sections 126(2), 115(2), 118(1), 109, 3(5) of the B.N.S.

                   Later on Section 103(1) of the B.N.S. was added.

                                3. As per the prosecution case, on the date of occurrence

                   petitioner along with F.I.R. named accused persons took the son of

                   the informant and Kundan Kumar on the pretext of celebrating

                   birthday of Kishan Kumar. It is alleged that the accused persons

                   assaulted the son of the informant and Kundan Kumar with sword,

                   farsa causing injury and all escaped leaving them in injured

                   condition. Some people who had gone there for picnic found them

                   unconscious who took them to hospital.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.333 of 2026(3) dt.20-02-2026
                                                        2/2




                      petitioner is innocent and has falsely been implicated in this case

                      on suspicion. There is no eye-witness to the occurrence. There is

                      no specific allegation against the petitioner. Petitioner has no

                      criminal antecedent. He is in custody since 27.05.2025. He

                      undertakes to co-operate in the trial. Similarly situated co-accused

                      persons, namely, Ashok Kumar, Kishan Kumar and Amlesh Kumar

                      have already been granted bail by Co-ordinate Benches of this

                      Court, vide order dated 03.09.2025 and 10.09.2025 passed in Cr.

                      Misc. Nos. 33786 of 2025, 44343 of 2025 and 37577 of 2025

                      respectively.

                                   5. Learned counsel appearing on behalf of the State

                      opposes the prayer for grant of bail to the petitioner.

                                   6. Considering the submissions made on behalf of the

                      parties, facts and circumstances of the case, clean antecedent and

                      period of custody undergone by the petitioner, let the petitioner,

                      named above, be enlarged on bail upon furnishing bail bond of Rs.

                      10,000/- (Ten Thousand) with two sureties of the like amount each

                      to the satisfaction of learned Additional Sessions Judge XVII,

                      Muzaffarpur in connection with Sahebganj P.S. Case No. 08 of

                      2025.



                                              (Sunil Dutta Mishra, J)
rakhi/-
U       T

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