Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, a 22‑year‑old student, applied for bail in a case registered under Sections 126(2), 115(2), 352, 118(1), 109 and 3(5) of the B.N.S., alleging assault on an informant. The FIR specifically attributes the knife‑attack to co‑accused Pawan Kumar, who had already been granted bail on grounds of juvenility and a compromise. The petitioner’s alleged conduct was limited to verbal abuse, slaps and fists, and he has no prior criminal record. The learned counsel argued that the primary thrust of the accusation lies with the co‑accused and that the petitioner has been in custody since 17‑11‑2025. Considering the facts, the absence of antecedents, and the charge‑sheet already filed against the co‑accused, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the B.N.S.
- Whether the primary allegation against the co‑accused negates the need to keep the petitioner in custody
- Whether the petitioner’s lack of criminal antecedent and status as a student justify bail
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- juvenility
- compromise
- co‑accused
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6331 of 2026
Arising Out of PS. Case No.-903 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Vikash Kumar S/o Lallu Prasad R/O Mithapur Nahar Par near Moti Pan Gali,
P.S- Jakkanpur, District- Patna, permanent address R/O Sultanganj, P.S-
Sulatngaj, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha
For the Opposite Party/s : Mr. Choubey Jawahar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 352, 118(1),
109 and 3(5) of the B.N.S.
3. Petitioner along with two others is said to have
assaulted the informant resulting in injury in his stomach.
4. Learned counsel for the petitioner has submitted
that it would be apparent from the perusal of the First
Information Report itself that the allegation of giving a knife
blow on the informant after taking out the same from his waist
is specific on co-accused Pawan Kumar who has already been
granted bail on the ground of his juvenility and on account of
compromise having been entered between the parties. It is
Patna High Court CR. MISC. No.6331 of 2026(3) dt.26-02-2026
2/2
further submitted that so far as the petitioner is concerned, the
allegation is with regard to hurling of abuses and fighting with
slaps and fists on some dispute. Further, the petitioner is a
student of 22 years of age and bears no criminal antecedent and
is in custody since 17.11.2025.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the thrust of
allegation is upon co-accused Pawan Kumar and charge-sheet
has already been submitted, coupled with the fact that he has no
criminal antecedent, let the above named petitioner, be enlarged
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with Jakkanpur P.S. Case
No. 903 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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