Patna High Court
Vishal kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail may be granted even when the charge includes a non‑bailable offence, provided the petitioner is not a flight risk and the conditions of Section 480(3) of the Bharatiya Nyaya Sanhita are satisfied.
Summary
Vishal Kumar was arrested in connection with offences under Sections 115(2), 117(2), 109, 132 and 262 of the Bharatiya Nyaya Sanhita, 2023 after allegedly pushing a constable‑informant from a vehicle and fleeing on a co‑accused’s motorcycle, causing a fractured leg to the constable. The petitioner applied for bail, contending that he was falsely implicated, had no intention to cause death and that only the Section 132 charge was non‑bailable while the remaining offences were bailable. The State opposed the bail application. The court examined the facts, the period of custody since 5 June 2025, the filing of the charge‑sheet and the petitioner’s prior bail history. Considering the circumstances and the provisions of Section 480(3) of the BNS, the court ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties, subject to specific conditions. The bail order was conditioned on the petitioner’s presence at court dates and the possibility of cancellation upon violation of the terms.
Issues considered
- Whether bail can be granted in a case involving both bailable and non‑bailable offences under the Bharatiya Nyaya Sanhita, 2023, particularly the Section 132 charge.
- Whether the petitioner’s alleged act of pushing the constable amounts to an intention to cause death, attracting Section 309 of the BNS.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 132, 262, 480(3)
Subjects
- bail
- non‑bailable offence
- Section 132 BNS
- Bharatiya Nyaya Sanhita
- high court
- injury to police officer
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69133 of 2025
Arising Out of PS. Case No.-319 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Vishal kumar S/o Panjabi Yadav @ Panjabi Ray Resident of village - Amwa,
P.S.- Jharokhar, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Chhatauni P.S. Case No. 319 of 2025 registered
for the alleged offences under Sections 115(2), 117(2), 109, 132
and 262 of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, while the petitioner was
being taken to Motihari Civil Court for production in connection
with Jharkhar P.S. Case No. 78 of 2025, he pushed away the
constable-informant from the Auto and fled away on the
motorcycle of co-accused Sajid Ansari. The informant received
injuries and his left leg got fractured.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
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case. Learned counsel further submits that there was no
intention to cause death of the informant and for this reason,
there could be no application of Section 309 of BNS. Except
Section 132 of BNS, other offences are bailable in nature.
Learned counsel further submits that the petitioner is in custody
since 05.06.2025 and charge-sheet has been submitted. The
petitioner is having antecedent of one case in which he has been
granted bail.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet, 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, East
Champaran, Motihari/court concerned in connection with
Chhatauni P.S. Case No. 319 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
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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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