Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to specified bond and surety conditions.
Summary
Vishal Kumar and Ashok Yadav applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 27 of the Arms Act. The FIR alleges that a driver attempted to cause an accident while fleeing from an informant who tried to stop his tractor. The petitioners' names were among twelve accused disclosed by the arrested driver, but no tangible material links them to the alleged offences and no injuries occurred, rendering Section 109(1) inapplicable. The State opposed the bail on the basis of the FIR allegations. The Court, considering the lack of material evidence and the general nature of the accusations, ordered that the petitioners be released on anticipatory bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the BNSS and Cr.P.C. in view of the allegations in the FIR.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 111, 115(2), 126(2), 132, 190, 191(2), 191(3), 324(2), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- BNSS
- Criminal Procedure Code
- Arms Act
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3373 of 2026
Arising Out of PS. Case No.-506 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
1. Vishal Kumar S/o Anil Yadav R/o vill - Dalelchak, P.S.- Belaganj, Distt.-
Gaya
2. Ashok Yadav S/o Mahendra Yadav R/o vill - Dalelchak, P.S.- Belaganj,
Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No.2, Advocate
: Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 191(2), 191(3), 190, 132, 109(1), 324(2), 352, 351(2) and
111 of the B.N.S. and Section 27 of the Arms Act.
3. The allegation in the First Information Report is that
the informant while on patrolling duty tried to stop a tractor and
the allegation against the driver is that he tried to cause an
accident, however, he was caught while he was trying to flee.
4. Learned counsel for the petitioners submits that the
names of the petitioners transpire amongst the 12 named accused
persons whose names have been disclosed by the said driver,
Upendra Yadav, who was apprehended by the informant. It has
further been submitted that besides the said disclosure made by the
arrested accused, there is no tangible material available against the
Patna High Court CR. MISC. No.3373 of 2026(2) dt.28-01-2026
2/2
petitioners. Moreover, no injuries have been caused in the entire
transaction, as such, Section 109(1) of B.N.S. would also not get
attracted.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and circumstances
and considering the fact that the name of the petitioners was
featured on the disclosure made by the arrested accused, coupled
with the fact of general and omnibus nature of allegations, let the
above named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a period
of four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of the learned Court below where the case
is pending/successor Court in connection with Belaganj P.S. Case
No. 506 of 2025, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…