Patna High Court

Vinit Kumar @ Vinit KushwahaversusThe State of Bihar

Decided: 19 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that the petitioner is entitled to anticipatory bail, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Vinit Kumar, was accused of assault, attempted kidnapping, and theft of gold chains under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. He claimed innocence, stating that a minor motorcycle accident led to a confrontation where he was assaulted by the complainant’s family. The petitioner, a civil engineer with a clean record, sought anticipatory bail, offering cooperation with the investigation. The State opposed the bail. Considering the seriousness of the allegations, the petitioner’s clean antecedent, and the circumstances, the court granted anticipatory bail on the condition of a Rs.20,000 bond and two sureties, subject to Section 482(2) of the B.N.S., 2023. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the serious charges under sections 126(2), 115(2), 118(1), 109(1), 303(2), 351, 352, 76, 3(5) of the B.N.S., 2023
Whether the petitioner’s clean antecedent and the circumstances justify bail under Section 482(2) of the B.N.S., 2023

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351, 352, 482(2), 76

Subjects

anticipatory bail
criminal procedure
Section 482
Bharatiya Nagarik Suraksha Sanhita
assault
theft
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4390 of 2026
                       Arising Out of PS. Case No.-260 Year-2025 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Vinit Kumar @ Vinit Kushwaha S/o Sri Ram Singh Resident of Village-
                 Barahauti Tola, Kochas Ward No 7, PS- Kochas, District- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Mallick, Advocate.
                 For the Opposite Party/s :       Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   19-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kochas P.S. Case No.260 of 2025 instituted under Sections

                   126(2), 115(2), 118(1), 109(1), 303(2), 351, 352, 76, 3(5) of the

                   B.N.S., 2023.

                                3. As per the prosecution case, when the informant

                   was coming alongwith her family after celebrating birthday of

                   her daughter, in the meantime petitioner followed and started to

                   touch with wrong intention and tried to pull forcibly to his

                   vehicle. When her husband came to rescue her, the petitioner

                   attacked over him by means of lathi and danda and gave a sharp

                   blow over his head resulting his head torn. It is further alleged

                   that petitioner assaulted and snatched two piece of gold chain
Patna High Court CR. MISC. No.4390 of 2026(3) dt.19-03-2026
                                            2/3




          each of 20 grams.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. He further submits that the petitioner was riding his

          motorcycle and in course of parking his motorcycle, dented the

          car of informant due to which informant and her family

          members assaulted the petitioner brutally and also filed the

          present case against him. Learned counsel submits that

          petitioner is a civil engineer and both the parties are co-villager.

          Learned counsel submits that petitioner has got clean antecedent

          and he undertakes to cooperate in the investigation and trial of

          the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the

          nature of allegation against the petitioner as well as his clean

          antecedent, in the event of arrest or surrender before the Court

          below within six weeks from today, the petitioner be released on

          bail upon furnishing bail bonds of Rs.20,000/- (Rupees Twenty

          Thousand) with two sureties of the like amount to each to the

          satisfaction of the learned A.C.J.M., Rohtas in connection with
              Patna High Court CR. MISC. No.4390 of 2026(3) dt.19-03-2026
                                                          3/3




                        Kochas P.S. Case No.260 of 2025, subject to the conditions laid

                        down in Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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