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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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