Created by Fuzzy Cloud

Patna High Court

Vivek Kumar @ Vinod Rai @ Vinod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

Vivek Kumar, also known as Vinod Rai and Vinod Kumar, was named in an FIR for allegedly assaulting an informant on her land in Garkha, Saran, with accusations under multiple sections of the Bharatiya Nyaya Sanhita. The petitioner applied for anticipatory bail, asserting his innocence, lack of any specific overt act attributed to him, and a clean antecedent. The State and the informant opposed the bail, contending the seriousness of the alleged assault. The court examined the nature of the accusations, the minor injuries reported, and the petitioner’s clean record. Considering these factors, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if arrested within eight weeks, the petitioner’s bail be enlarged by the Judicial Magistrate of Saran.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.571 of 2026
                        Arising Out of PS. Case No.-513 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Vivek Kumar @ Vinod Rai @ Vinod Kumar S/O Late Lal Das Rai @ Late
                 Lalas Rai Resident of Village- Garkha, Police Station- Garkha, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, A.P.P.
                 For the Informant        :       Mr. Ravi Prakash, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                   Heard learned counsel for the petitioner, informant

                   and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 109, 76,

                   303(2), 324(4), 324(5), 352, 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                3. Prosecution case, in brief, is that on 07.07.2025 at

                   about 6:10 PM, all the F.I.R. named accused persons, including

                   this petitioner, gathered on Khatiyani land of the informant and

                   started construction work inspite of proceeding under Section

                   163 BNSS against the accused persons. On objection, accused

                   persons abused informant and assaulted her by means of lathi,

                   danda, bricks, stones.
            Patna High Court CR. MISC. No.571 of 2026(2) dt.10-02-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that

                      petitioner is innocent and has committed no offence. Allegation

                      of assault is general and omnibus and there is no allegation of

                      specific overt act against petitioner. Injuries sustained by the

                      injured are simple in nature. Petitioner claims clean antecedent.

                                   5. Learned A.P.P. for the State as well as learned

                      counsel for the informant vehemently opposed the bail

                      application.

                                   6. Considering backdrop of the case, nature of

                      accusation, injury and clean antecedent, this anticipatory bail is

                      allowed and it is ordered that let the above named petitioner in

                      the event of his arrest/surrender before the court below within a

                      period of eight weeks from today, be enlarged on bail on

                      furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of Judicial

                      Magistrate, Saran at Chapra in connection with Garkha P. S.

                      Case No. 513 of 2025, subject to condition as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                      2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.