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Patna High Court

Bhoti Singh @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions and the power to cancel it under Section 482(2) of the BNSS.

Summary

The petitioner, Bhoti Singh (aka Vikash Kumar), was named in an FIR for alleged participation in an unlawful assembly that assaulted police during Holika Dahan, invoking multiple offences under the BNS, 2023. He contended that he has a clean record, was falsely implicated by the informant, and that the allegations are generic, seeking anticipatory bail. The State opposed the bail. The Court, after hearing both sides, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs 10,000 with two sureties, and cooperate with the investigation, invoking its inherent powers under Section 482(2) of the BNSS. The order also empowered the trial court to cancel the bail if the petitioner fails to cooperate. The order was directed to be communicated to the concerned police station.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
  • Whether the petitioner’s alleged non‑cooperation can justify cancellation of the bail.

Legislation cited

  • BNS, 2023 — s. 109, 115, 125, 126, 132, 191, 351, 352
  • BNSS — s. 482

Subjects

  • anticipatory bail
  • unlawful assembly
  • false implication
  • Section 482
  • criminal procedure
  • bail conditions
  • police assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72089 of 2025
                         Arising Out of PS. Case No.-122 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Bhoti Singh @ Vikash Kumar S/O Kamaldhari Singh @ Late Lal Dhari Singh
                 Resident of Marcha, P.S.- Bypass, Dist.- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   11-02-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 191(1),

                   191(2), 126(2), 115(2), 109, 125, 132, 352, 351(2) and 351(3) of

                   the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the allegation in

                   the FIR is of forming an unlawful assembly along with 30

                   named accused persons and 100-150 unknown persons who

                   created ruckus and assaulted the police personnel who had come

                   to inspect the village on eve of Holika Dahan, on account of

                   pelting of stone, two police personnel including one ASI

                   sustained injury.
Patna High Court CR. MISC. No.72089 of 2025(3) dt.11-02-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          allegation of pelting stone/assault is general and omnibus in

          nature. It is also submitted that since petitioner resides nearby

          the place of occurrence, as such, he came to be implicated. It is

          also submitted that petitioner will not abscond rather will

          cooperate in the investigation to prove his innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the learned trial

          court where the case is pending/successor court in connection

          with Bypass P.S. Case No. 122 of 2025 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. However, it is made clear that in the event if the

          Investigating Officer of the case files an application before the
            Patna High Court CR. MISC. No.72089 of 2025(3) dt.11-02-2026
                                                        3/3




                      learned Trial Court bringing to its notice that petitioner despite

                      giving assurance to this Court is not co-operating in the

                      investigation, in that event the learned Trial Court shall be at

                      liberty to cancel the bail bonds of the petitioner.

                                   8. Let a copy of this order be sent to the concerned

                      police station through the learned Trial Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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