Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that, notwithstanding the serious allegations, the petitioners are entitled to anticipatory bail under Section 482(2) of the B.N.S.S. provided they furnish the prescribed bond and sureties.
Summary
Vikash Kumar and Sonu Kumar sought anticipatory bail after being implicated in a case alleging they broke into an informant's house, threatened her, and assaulted her with a lathi and hockey stick, causing head injuries and a fracture. The petitioners claimed innocence, citing a pending land‑dispute suit, lack of prior criminal record, and arguing that the injury was to a non‑vital part of the body, thus only warranting a lesser charge under Section 117(2) of the Bharitya Nagrik Suraksha Sanhita. The State opposed the bail, contending the offences under Sections 115(2), 126(2), 109, 351(2), 352 and 3(5) were serious. The court considered the nature of the allegations, the petitioners' background, and the pending civil dispute, and ordered that anticipatory bail be granted if the petitioners surrender within six weeks and furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2). The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. despite the serious nature of the alleged offences.
- Whether the alleged offences constitute non‑bailable offences that preclude anticipatory bail.
- Whether the pending land‑dispute suit and lack of criminal antecedent justify the grant of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- assault
- land dispute
- non‑bailable offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34745 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- Karvandiya District- Rohtas
======================================================
1. Vikash Kumar S/o Rajendra Singh Resident of Village - Admapur, PS -
Karwandiya, District - Rohtas
2. Sonu Kumar S/o Rajendra Singh Resident of Village - Admapur, PS -
Karwandiya, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Siddharth Harsh
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Karwandiya P.S. Case No. 41 of 2026
registered for the offences punishable under Sections 115 (2),
126 (2), 109, 351 (2), 352, and 3 (5) of the B.N.S.
3. As per the prosecution case, these two petitioners
are alleged to have scaled the wall and entered the house of the
informant. It has further been alleged that petitioner no. 1
threatened to kill and, upon protest being made both the
petitioners assaulted the informant by means of lathi and hockey
stick due to which she received head injuries and also fracture
Patna High Court CR. MISC. No.34745 of 2026(2) dt.20-05-2026
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on the hand.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been
implicated in this case. It has been further submitted that there
is serious land dispute between the parties and pursuant to
which title partition suit no. 325 of 2013 is pending between the
parties. It has further been submitted after drawing the attention
of this Court that the grievous injuries has been received on the
palm of the injured which is non-vital part of the body and at
best a case under Section 117 (2) of B.N.S would be made out.
It has further been submitted that there is general and omnibus
allegation against the petitioners and a counter case has also
been lodged by petitioner no. 2 against the prosecution party. It
has lastly been submitted that petitioners have got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioners, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.34745 of 2026(2) dt.20-05-2026
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10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned in connection with Karwandiya P.S. Case No. 41 of
2026, subject to the conditions as laid down under Section
482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
vashudha/-
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