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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since there was no premeditation, the injury was simple and the petitioner had no antecedent, bail was granted on condition of a bond and sureties.

Summary

Vikash Kumar was arrested for allegedly stabbing an informant with a knife during an altercation on a boat on 20 June 2025. The petitioner argued that the act was a sudden, unpremeditated assault resulting in only a simple injury, with no bone damage, and that he had no prior criminal record. The State opposed bail, citing the seriousness of the offences under sections 115(2), 126(2), 109, 352 and 351(2) of the Bhartiya Nayay Sanhita. The Court examined the injury report, noted the absence of premeditation and the petitioner’s clean antecedent, and found no allegation of tampering with the charge‑sheet. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

  • Whether the petitioner is entitled to bail for the offences alleged under sections 115(2), 126(2), 109, 352 and 351(2) of the Bhartiya Nayay Sanhita.
  • Whether the nature of the injury, lack of premeditation and the petitioner’s clean record justify the grant of bail.

Subjects

  • bail
  • assault
  • knife attack
  • simple injury
  • premeditation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4035 of 2026
                         Arising Out of PS. Case No.-444 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Vikash Kumar Son of Bindeshwar Rai @ Bineshwar Rai Resident of Village-
                 Naya Tola (Naga Tola) Goriyasthan, P.S.- Maner, District- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ghanshyam Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   06-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Maner

                   P.S. Case No. 444 of 2025, registered for the offence under

                   Sections 115(2), 126(2), 109, 352, 351(2) of the Bhartiya Nayay

                   Sanhita.

                                3. It is alleged that on 20.06.2025 at about 5.00 hours

                   when the informant was travelling in a boat in connection with

                   the irrigation of his field, Vikash Kumar who was also travelling

                   in the same boat on altercation with the informant, the said

                   Vikash Kumar took out a knife and inflicted a knife blow in the

                   abdomen of the informant, thereafter, the petitioner came to be

                   apprehended.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.4035 of 2026(3) dt.06-04-2026
                                                        2/2




                      there was no premeditation to kill and on a sudden altercation

                      the petitioner has inflicted one knife blow although without

                      repetition. The injury report was called for earlier by this Court

                      and the same would go to suggest that there was no evidence of

                      bone injury and the injury report suggests simple injury on the

                      person of the informant, moreover, the charge-sheet has been

                      filed in this case and there is no allegation of tampering and

                      petitioner is in custody since 22.06.2025, having no criminal

                      antecedent.

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

                      the prayer for regular bail of the petitioner.

                                   6. Considering the facts and circumstances of the

                      case, let the, above named, petitioner be released on bail on

                      furnishing bail bond of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Additional District and Sessions Judge-V, Danapur, Patna, in

                      connection with Maner P.S. Case No. 444 of 2025.



                                                 (Praveen Kumar, J)
khushbu/-

U      T


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