Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners with conditions, finding the allegations insufficient to deny bail.
Summary
Vicky Kumar and Vivek Kumar were arrested in connection with a case alleging assault on an informant and his wife under several sections of the B.N.S. The prosecution alleged that the accused, along with co‑accused, attacked the informant’s wife with sticks, fists and slaps, causing injuries, while the informant sustained a superficial laceration. The petitioners argued that there was no injury report for the wife, the allegation against the informant was vague, they had no prior criminal record, and they had been in custody since 7 August 2025 with a charge sheet already filed. The State opposed bail. Considering the lack of substantive injury evidence, the petitioners’ clean antecedent, the filing of the charge sheet, and the length of custody, the court ordered their release on bail with a bond of Rs. 10,000 and specific conditions. The bail order was subject to compliance with Section 480(3) of the B.N.S.S. and additional conditions regarding sureties and court appearances.
Issues considered
- Whether bail should be granted to the accused despite allegations of assault under multiple sections of the B.N.S.
- Whether the absence of an injury report and the nature of the alleged injuries justify bail
- Whether the petitioners’ clean antecedent and the filing of a charge sheet affect the bail decision
Legislation cited
Subjects
- bail
- assault
- criminal procedure
- injury report
- clean antecedent
- charge sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74915 of 2025
Arising Out of PS. Case No.-134 Year-2025 Thana- NAYAGAON District- Saran
======================================================
1. Vicky Kumar S/o Surendar Rai R/o Village- Rajapur, P.S.- Nayagaon, Dist.-
Saran
2. Vivek Kumar S/o Surendar Rai R/o Village- Rajapur, P.S.- Nayagaon, Dist.-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushal Kishor, Advocate
For the State : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Nayagaon P.S. Case No. 134 of 2025 registered
for the alleged offences under Sections 115(2), 126(2), 118(1),
74, 109(1), 351(2), 351(3), 352, 3(5) of B.N.S.
03. As per prosecution case, the petitioners and other
co-accused persons assaulted the informant and his wife with
stick, fists and slaps causing injury to them.
04. Learned counsel for the petitioners submits that
only allegation against the petitioners is of assaulting the wife of
the informant along with co-accused Surendra Rai with stick,
Patna High Court CR. MISC. No.74915 of 2025(3) dt.07-01-2026
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fists and slaps. But there is no injury report of the wife of the
informant. Even the injury of the informant is a lacerated wound
over right parietal region of size 2cm x 2cm which is superficial
in nature and stated to be simple in nature caused by hard and
blunt substance. But there is no allegation against the petitioners
for assaulting the informant and there is general and omnibus
allegation not supported with injury report. The petitioners are
in custody since 07.08.2025 and charge sheet has been
submitted. The petitioners have no criminal antecedent.
05. Learned APP opposes the submission made on
behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation against the petitioners and absence of injury
report of their victim and also considering the period of custody
of the petitioners, their clean antecedent and submission of
charge sheet, the petitioners above named are directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate,
Saran/concerned Court in connection with Nayagaon P.S. Case
No. 134 of 2025, subject to the conditions mentioned in Section
Patna High Court CR. MISC. No.74915 of 2025(3) dt.07-01-2026
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480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners 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
petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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