Patna High Court
Vikram Kumar @ Wikram Kumar @ Vikrant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioner’s clean antecedent and the absence of any specific allegation of assault against him, bail was warranted under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., 2023.
Summary
The petitioner, Vikram Kumar, was named in an FIR for alleged assault that led to the death of an informant's mother, but no specific allegation of assault was made against him. He claimed a clean antecedent and false implication. The prosecution opposed bail, citing the seriousness of the offences under Sections 191(2), 190, 126(2), 115(2), 117(2), 110 and 103(1) of the B.N.S., 2023. The court examined the lack of direct charges against the petitioner and his clean record, and applied Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S., 2023. It granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and no tampering with evidence. The order directed the lower court to verify the petitioner’s antecedent and allowed for cancellation of bail if conditions were breached.
Issues considered
- Whether bail can be granted to a person named in an FIR for serious offences when no specific allegation is made against him.
- Whether the petitioner’s clean antecedent justifies bail under Section 438(2) CrPC and Section 482(2) B.N.S., 2023.
- Whether the conditions imposed under the bail order are sufficient to safeguard the trial process.
Legislation cited
- B.N.S., 2023 — s. 103(1), 110, 115(2), 117(2), 126(2), 190, 191(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- B.N.S. 2023
- Section 438
- Section 482
- assault
- homicide
- clean antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4445 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- VISHNUPAD District- Gaya
======================================================
Vikram Kumar @ Wikram Kumar @ Vikrant Kumar Son of Raghvendra
Pandey Resident of Mohalla- in front of Jharkhand Bhawan, Purana
Vishnupad Road, P.S.- Vishnupad, in the District of Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-02-2026 Heard Mr. Braj Nandan Kumar Tiwary, learned
counsel for the petitioner and Mr. Uday Pratap Singh, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Vishnupad P.S. Case No. 255 of 2025, F.I.R.
dated 15.08.2025 for the offences punishable under Sections
191(2), 190, 126(2), 115(2), 117(2), 110, 103(1) of the B.N.S.,
2023.
3. According to prosecution case, petitioner and other
accused persons are alleged to have assaulted the informant by
hockey, iron rod, lathi, danda, legs and fist. When the
informant’s mother came to save him, accused persons, namely,
Ranjan and Gopal Kumar beaten her on the chest by leg and fist
Patna High Court CR. MISC. No.4445 of 2026(2) dt.17-02-2026
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due to which she became unconscious and during treatment, she
died.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although, the petitioner is named
in the FIR but there is no specific allegation of assault or overt
act attributed against the petitioner and there is specific
allegation of assault is attributed against co-accused persons
Rajan and Gopal Kumar that they have assaulted to the
deceased.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner having clean antecedent and there is no specific
allegation of assault or overt act attributed against the petitioner
except the petitioner is named in the FIR, let the petitioner,
above named, in the event of his 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 Chief Judicial
Magistrate, Gayaji, in connection with Vishnupad P.S. Case No.
Patna High Court CR. MISC. No.4445 of 2026(2) dt.17-02-2026
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255 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure/Section 482
(2) of BNSS, 2023, with other following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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