Patna High Court
Bipin Kumar @ Vipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that the petitioner is entitled to anticipatory bail, subject to the stipulated bond and surety conditions.
Summary
The petitioner, Bipin Kumar, feared arrest in a case (PS No.247/2024) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act, 2012, where the prosecution alleged that co‑accused assaulted a victim and her relatives. The petitioner contended that he was falsely implicated, arguing that no specific overt act was attributed to him and that the allegations were merely general. The State opposed his bail application. The Court examined whether there were sufficient specific allegations against the petitioner to deny anticipatory bail and considered the provisions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Finding the petitioner's claim of false implication credible and no concrete charge against him, the Court ordered anticipatory bail with a bond of Rs.15,000 and two sureties, subject to conditions. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations made in the FIR.
- Whether specific overt acts have been alleged against the petitioner to justify denial of bail.
- Whether the Court can exercise its inherent powers under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 to grant anticipatory bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 12, 8
Subjects
- anticipatory bail
- false implication
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- POCSO Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34232 of 2025
Arising Out of PS. Case No.-247 Year-2024 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Bipin Kumar @ Vipin Kumar Son of Jathar Prasad @ Deonandan Prasad @
Devnandan Yadav Resident of village - Dharmbigha, P.S.- Neemchak
Bathani, District – Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Daughter of X Resident of Village - Dharmbigha, P.S.- Neemchak
Bathani, District - Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durgesh Nandan, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 05-02-2026 Heard learned counsel for the petitioner and Mr.
Choubey Jawahar, learned APP for the State. Perused the case
diary.
2. The petitioner apprehends his arrest in connection
with Neemchak Bathani P.S. Case No. 247 of 2024, instituted
for the offences under Sections 126(2), 115(2), 110, 303(2), 352,
351(2), 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 8 and 12 of the POCSO Act, 2012.
3. Prosecution case, in short, is that on 14.11.2024 at
7.00 A.M. Uttam Kumar @ Laddu came on four wheeler and
forced the victim to sit in the car. On hulla, mother and sister of
Patna High Court CR. MISC. No.34232 of 2025(5) dt.05-02-2026
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the victim came to save her then accused persons named in the
F.I.R. assaulted her with lathi and iron rod. When cousin of the
victim namely Kumbhkaran came then co-accused Laddu and
Ajit Kumar assaulted him by means of iron rod.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. Specific
allegation of assault against co-accused Ajit Kumar and Laddu
Kumar. It has been submitted on behalf of the petitioner that the
petitioner has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Neemchak
Bathani P.S. Case No. 247 of 2024, subject to the conditions as
Patna High Court CR. MISC. No.34232 of 2025(5) dt.05-02-2026
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laid down under Section 482(2) of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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