Patna High Court
Vivek Kumar @ BhuarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the nature and gravity of the offences did not warrant such relief.
Summary
The petitioners, Vivek Kumar and Vinay Singh, applied for anticipatory bail fearing arrest in connection with PS Akodhigola Case No. 260 of 2025, which alleges offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault leading to the victim's death. The prosecution alleged that the petitioners participated in the assault that caused the victim's demise. The court examined whether the seriousness of the alleged offences justified the denial of anticipatory bail. Considering the nature and gravity of the offences, the bench was not inclined to grant the privilege of anticipatory bail. Consequently, the application was rejected, and the petitioners were directed to surrender within four weeks to seek regular bail, with a warning that failure to do so would result in their arrest.
Issues considered
- Whether anticipatory bail should be granted in a case involving assault causing death under the Bharatiya Nyaya Sanhita, 2023
- Whether the nature and gravity of the alleged offences preclude the grant of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 117(2), 126(2), 324(4), 3(5)
Subjects
- anticipatory bail
- assault causing death
- Bharatiya Nyaya Sanhita
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70944 of 2025
Arising Out of PS. Case No.-260 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
1. Vivek Kumar @ Bhuar S/o Binay Singh R/o Village- karkatpur P.S-
Akodhigola District- Rohtas
2. Vinay Singh @ Vinay Kr Singh S/o Chotu Singh @ Chhatu Singh R/o
Village- karkatpur P.S- Akodhigola District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-03-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Akodhigola P.S. Case No. 260 of 2025 registered for offences
under Sections 126(2), 115(2), 117(2), 109, 324(4), 103 and 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners and
others are said to have assaulted the victim who during
treatment died.
4. Considering the nature and gravity of offence, this
court is not inclined to grant the privilege of anticipatory bail to
the petitioners in the present case.
Patna High Court CR. MISC. No.70944 of 2025(5) dt.10-03-2026
2/2
5. Accordingly, this application for anticipatory bail is
rejected.
6. The petitioners are directed to surrender in the
concerned Court below within a period of four weeks from
today and seek regular bail, failing which the Superintendent of
Police, Rohtas will take all steps for the arrest of the petitioners.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Rohtas through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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