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Patna High Court

Vinay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that mere membership in an unlawful assembly without a specific overt act does not preclude bail, and therefore granted bail to the petitioner.

Summary

Vinay Kumar was arrested in connection with a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act, alleged to be part of an unlawful assembly that resulted in a homicide. The petitioner claimed innocence, asserting that no specific overt act was attributed to him in the FIR or witness statements, and highlighted his lack of criminal antecedents and prolonged pre‑trial custody since January 2026. The State opposed bail, relying on the petitioner’s presence at the scene and the vicarious liability under Section 149 IPC. The court noted Supreme Court precedent that mere membership in an unlawful assembly, without a specific act, is insufficient to deny bail at the pre‑trial stage. Considering the absence of specific allegations, the time already spent in custody, and the petitioner’s clean record, the court granted bail subject to standard conditions.

Issues considered

  • Whether mere membership in an unlawful assembly, without a specific overt act, warrants denial of bail.
  • Whether the petitioner is entitled to bail given the lack of specific incriminating material and the period of pre‑trial detention.
  • How Section 149 of the Indian Penal Code influences bail considerations in cases of alleged unlawful assembly.

Legislation cited

Subjects

  • bail
  • unlawful assembly
  • vicarious liability
  • pre‑trial detention
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 149 IPC
  • Section 161 CrPC
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34272 of 2026
                      Arising Out of PS. Case No.-697 Year-2024 Thana- GAURICHAK District- Patna
                 ======================================================
                 Vinay Kumar S/O Ramjee Ram R/O Village - Vishambar Tola, Kandap, P.S-
                 Gaurichak, Dist. - Patna
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suman Thakur, Adv.
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   20-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State through video conferencing.

                                2. The petitioner seeks bail in connection with

                   Gaurichak P.S. Case No. 697 of 2024 instituted for the offences

                   under Sections 103(1), 352, 61(2)(a) & 351(3) of the Bharatiya

                   Nyaya Sanhita and section 27 of the Arms Act.

                                3. The allegation is that the petitioner is alleged to be

                   one of the 12 accused persons who came to the house of the

                   informant. The specific allegation is against accused Rahul

                   Kumar who drew out a pistol and fired upon the informant’s

                   husband on his chest, due to which, he died on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Counsel submits that no role has been assigned to

                   the petitioner at the place of occurrence and there is no
Patna High Court CR. MISC. No.34272 of 2026(2) dt.20-05-2026
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          allegation of any specific overt act against him at the place of

          occurrence. Counsel submits that the petitioner is in custody

          since 16.01.2026, having no criminal antecedent.

                       5. Learned A.P.P for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. The applicant is alleged to be a member of an

          unlawful assembly in connection with a case of homicidal death.

          It is, however, to be noted that no specific overt act of assault

          has been attributed to the applicant in either the First

          Information Report or in the statements of the eyewitnesses

          recorded under Section 161 Cr.P.C. The applicant's presence at

          the scene of occurrence appears to be the primary basis of his

          implication.

                       7. The Supreme Court has consistently held that mere

          membership of an unlawful assembly, without a specific overt

          act being attributed to an accused, is a factor that the court must

          weigh carefully while considering bail, particularly at the pre-

          trial stage. The vicarious liability fastened by Section 149 IPC is

          a liability at the time of conviction and does not by itself answer

          the question of bail, where the individual role of the applicant

          and the prima facie material against him must be examined.

                       8. Having regard to the fact that no specific overt act
Patna High Court CR. MISC. No.34272 of 2026(2) dt.20-05-2026
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          of assault is attributed to the applicant, the period of

          incarceration already undergone, and the stage of trial, this

          Court is of the view that the applicant has made out a case for

          bail. The applicant is accordingly enlarged on bail subject to the

          following conditions:

                       (i) The applicant shall appear before the trial court

          on all dates of hearing without fail; (ii) The applicant shall not

          tamper with evidence or attempt to influence any witness; (iii)

          The applicant shall not leave the State without prior permission

          of this Court; (iv) Any violation of the above conditions shall

          entitle the prosecution to apply for cancellation of bail.

                       9. Considering that the petitioner has no criminal

          antecedent and he is in custody since 16.01.2026, this Court is

          inclined to grant bail to the petitioner.

                       10. Let the petitioner be released on bail on furnishing

          bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of Additional Chief

          Judicial Magistrate-II, Patna City, Patna, in connection with

          Gaurichak P.S. Case No. 697 of 2024.

                       11. It is made clear that any observation made herein

          is prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
             Patna High Court CR. MISC. No.34272 of 2026(2) dt.20-05-2026
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                       shall not be construed as an expression on the merits of the case

                       and shall not influence the trial or any other proceedings in any

                       manner.


                                                                            (Ansul, J)
Divyansh/-

U      T


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