Patna High Court
Vikash Choudhary @ Bikash Choudhary @ Bikash Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court ordered the release of the petitioner on bail subject to conditions under Section 480(3) of the BNSS.
Summary
Vikash Choudhary was arrested in connection with an assault case (Antichak P.S. Case No. 52 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Choudhary and co‑accused assaulted the informant and his family over a land dispute, causing injuries. The petitioner contended that he was falsely implicated, that the incident was a minor scuffle resulting in only superficial injuries, and highlighted his clean antecedent and prolonged custody since November 2025. The State opposed bail, citing the seriousness of the charges. After considering the background, the petitioner's clean record, and the circumstances of the land dispute, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences under the BNSS.
- Whether the petitioner’s claim of false implication and clean antecedent warrant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 329(4), 352, 480(3)
Subjects
- bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6575 of 2026
Arising Out of PS. Case No.-52 Year-2025 Thana- ANTICHAK District- Bhagalpur
======================================================
Vikash Choudhary @ Bikash Choudhary @ Bikash Kumar @ Vikash Kumar
Son of Mahesh Choudhary @ Mahesh Mandal Resident of village - Nawada,
Police Station - Antichak, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Antichak P.S. Case No. 52 of 2025 registered
for the alleged offences under Sections 191(2), 190, 115(2),
126(2), 117(2), 109, 329(4), 352 of Bharatiya Nyaya Sanhita,
2023.
03. As per prosecution case, petitioner and other co-
accused persons, in the background of previous altercation
between the informant and co-accused Mahesh Choudhary,
assaulted the informant and his family, causing a number of
injuries to them.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.6575 of 2026(2) dt.04-02-2026
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petitioner is innocent and has been falsely implicated in this
case. The petitioner and the informant are agnates and for an
occurrence of 09.05.2025, the FIR was lodged on 11.05.2025
after due deliberation. It shows the falsity of allegation against
the petitioner and others. The co-accused, Mahesh Choudhary,
has filed Antichak P.S. Case No. 53 of 2025 for the same
occurrence. The true fact is that some hot words were
exchanged between the parties and the informant was pushed
away and sustained injuries by falling on tractor. This
occurrence took place on 07.05.2025 but making a false story,
the present case has been instituted. The witnesses also stated
about land dispute between the parties being the reason for the
occurrence. Learned counsel further submits that the injury
report of the informant and his family members do not show any
grievous injuries, though one of the injuries is fracture of frontal
bone for which allegation is against this petitioner. However, the
dimensions of the injury are superficial. Learned counsel further
submits that the petitioner is having clean antecedent and is in
custody since 13.11.2025.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
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submissions made on behalf of the parties and considering the
case and counter case of the parties and background of land
dispute and also considering the period of custody of the
petitioner and his clean antecedent, the petitioner above named
is directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Bhagalpur/court concerned in connection with Antichak P.S.
Case No. 52 of 2025, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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