Patna High Court

Vinod Kumar Roy @ Vinod RoyversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

The anticipatory bail application is rejected.

Summary

The petitioners, Vinod Kumar Roy and Bindeshwar Rai, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging assault with weapons and other offences. The FIR alleges that the petitioners, along with others, entered the informant's courtyard, burst firecrackers, and assaulted the informant and her son with knives and other weapons, causing injuries. The petitioners claimed innocence, a clean antecedent, and that the dispute stemmed from a land disagreement, offering to comply with any bail conditions. The State opposed bail, emphasizing the serious nature of the assault and injuries sustained. The Court, noting the direct allegations of assault, rejected the anticipatory bail but indicated that regular bail could be considered if the petitioners surrender within four weeks.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 for the offences alleged in the FIR
Whether the nature of the alleged assault and injuries justifies denial of anticipatory bail
Whether the petitioners' claim of innocence and clean antecedent affect the bail decision

Legislation cited

Arms Act
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 127(1), 303(2), 3(5), 351(2), 352, 74

Subjects

anticipatory bail
Section 482
BNSS 2023
assault
land dispute
high court
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4886 of 2026
                   Arising Out of PS. Case No.-28 Year-2025 Thana- Araria Sangram District- Madhubani
                 ======================================================
           1.     Vinod Kumar Roy @ Vinod Roy S/o Fusiyahi Ray R/o Village -
                  Parmanandpur, P.S - Araria Sangram, District - Madhubani
           2.    Bindeshwar Rai S/o Fusiyahi Ray R/o Village - Parmanandpur, P.S - Araria
                 Sangram, District - Madhubani
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jaishankar Kumar Yadav, Advocate
                 For the Opposite Party/s :       Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   22-04-2026                      Heard learned Counsel for the petitioners and

                   learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioners who apprehend arrest

                   in connection with Araria Sangram P.S. Case No. 28 of 2025,

                   lodged on 08.05.2025,            under Sections 127(1)/115(2) /109 /

                   303(2)/74/352/351(2)/3(5) of B.N.S. Act and under Section / of

                   the Arms Act.

                                3. As per the prosecution, the FIR has been lodged

                   against fourteen named accused persons, including the present

                   petitioners, alleging that they armed with lathi, danda, farsa, and
          Patna High Court CR. MISC. No.4886 of 2026(4) dt.22-04-2026
                                                      2/2




                    knife, entered into the courtyard of the informant along with a

                    DJ and began bursting firecrackers. Upon protest by the

                    informant’s son, the accused persons allegedly assaulted the

                    informant and her son with knife and farsa, causing injuries to

                    both of them.

                                 4. Learned Counsel for the petitioners submits that

                    the petitioners are innocent and have committed no offence.

                    Counsel submits that antecedent of the petitioners are clean. He

                    submits that there are land dispute between the parties and both

                    are co-sharer and they are ready to fulfill all the conditions

                    whatsoever shall be imposed upon them.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioners and submits that the informant and her son

                    sustained injury on head.

                                 6. Considering the fact that there are direct allegation

                    of assault against the petitioners, hence, anticipatory bail

                    application of petitioners is hereby rejected. However, in the

                    event of surrender of the petitioners within four weeks from

                    today, the prayer for regular bail shall be considered without

                    being prejudiced by the order of this Court.

                                                                        (Dr. Anshuman, J)
    Mkr./-

U     T

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