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Patna High Court

Vishal kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.69133 of 2025(4) dt.06-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.69133 of 2025(4) dt.06-01-2026
                                                       3/3




                                  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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