Patna High Court
Vivek Kumar @ Vinod Rai @ Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 324(4), 324(5), 3(5), 352, 76
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
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