Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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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