Patna High Court
Bhoti Singh @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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
2/3
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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