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Patna High Court

Vikky Kumar @ Vikash Kumar @ Vikash MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Vicky Kumar, was named in FIR No.110 of 2025 for offences under several sections of the Bharatiya Nyaya Sanhita, 2023, arising from an alleged assault, robbery and intimidation at a cattle shed. Both the informant and the accused sustained injuries, but the injuries were described as simple and the petitioner has a clean antecedent. The petitioner sought anticipatory bail, arguing that a case and counter‑case exists and that co‑accused have already been granted anticipatory bail by a coordinate bench. The State opposed the bail on the ground of the seriousness of the offences. Considering the facts, the court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in view of the alleged offences and the existence of a case and counter‑case.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • assault
  • robbery
  • case and counter‑case
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42505 of 2026
                       Arising Out of PS. Case No.-110 Year-2025 Thana- Amhara District- Lakhisarai
                 ======================================================
                 Vikky Kumar @ Vikash Kumar @ Vikash Mandal S/O Ashish Mandal @
                 Ramashish Mandal R/O Village- Ramnnar, PS- Amahara, Distt-Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rabi Bhushan, Advocate
                 For the Opposite Party/s :         Mr.Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   01-07-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Amahara P.S. Case No. 110 of 2025, F.I.R dated

                   21.10.2025 registered for the offences punishable under

                   Sections 126 (2), 115 (2), 109, 74, 303 (2), 352, 351 (2) 3 (5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                               3.     According to prosecution case, on 18.10.2025

                   around 02:00 to 03:00 P.M., the informant was sitting in her

                   cattle shed when three accused persons, namely Vicky Kumar,

                   Sunny Kumar and Roshan Kumar, allegedly arrived on a

                   motorcycle in an intoxicated condition and started abusing her

                   son. Upon protest, they allegedly assaulted him. It is alleged that

                   Vicky Kumar struck the informant’s husband, Varun Yadav, on
Patna High Court CR. MISC. No.42505 of 2026(2) dt.01-07-2026
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          the forehead with an iron rod, causing a serious head injury, and

          all the accused further assaulted him. The informant further

          alleged that when she intervened, the accused misbehaved with

          her, pushed her to the ground, snatched her gold chain and took

          Rs. 5,000/- from her husband’s pocket. On raising alarm, the

          accused allegedly fled after extending threats. It is further

          alleged that on the same day at about 8:00 P.M., the said

          accused persons along with 10–15 unknown persons, armed

          with lathis and other weapons, came to the informant’s cattle

          shed, searched for her husband and son, abused and threatened

          the informant, and directed her to remove the cattle shed and

          leave the locality.

                      4. Learned counsel for the petitioner submits that there

          is a case and counter-case for the allegations leveled against the

          petitioner in the F.I.R. Both sides are said to have been sustained

          injuries. There is nothing specific against this petitioner, while

          other co-accused persons, namely Raushan Kumar and Sanni

          Kumar, for similar allegations, have been allowed anticipatory

          bail by a co-ordinate Bench in CWJC No. 39657 of 2026. It is

          submitted that the injuries sustained have been found to be

          simple in nature. The petitioner has got clean antecedent.

                      5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.42505 of 2026(2) dt.01-07-2026
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          anticipatory bail in respect of this petitioner.

                       6. Considering the aforesaid fact that there is a case

          and counter-case and both sides having sustained injuries, which

          is said to have been simple in nature and the petitioner having

          clean antecedent, this Court is inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, 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 the learned A.C.J.M.-III, Lakhisarai in connection

          with the aforesaid P.S. Case, subject to the conditions as laid

          down under Section 438(2) of the Code of Criminal Procedure /

          Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

          with other following conditions:-

                                             (i) one of the bailors should be the
                                  family member/relative/known of the
                                  petitioner(s) who shall provide official
                                  document/personal affidavit to show his/her
                                  bona fide;
                                             (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
                                  Court and failure to do so for two
                                  consecutive dates without plausible reason
                                  will entail cancellation of his/her/their bail
                                  bond by the Trial Court itself;
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                                                           (iii) the petitioner(s) shall in no
                                                way try to induce or promise or threat the
                                                witnesses or tamper with the evidences,
                                                failing which the State shall be at liberty to
                                                take steps for cancellation of the bail bonds;
                                                           (iv) the petitioner(s) shall desist
                                                from committing any criminal offence again,
                                                failing which the State shall be at liberty to
                                                take steps for cancellation of their bail
                                                bonds.



                                                                             (Ajit Kumar, J)
surya/-

U         T


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