Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail should be granted, subject to stringent conditions, as the petitioner’s identification is not conclusive and an amicable settlement exists.
Summary
Vicky Kumar petitioned the Patna High Court for anticipatory bail after being named in a FIR (Ghorasahan PS Case No. 314 of 2024) alleging assault, firing of weapons and offences under several sections of the B.N.S. and section 27 of the Arms Act. The prosecution’s case is based on the informant’s testimony that the petitioner’s vehicle was intercepted, leading to an assault and injury. The petitioner argued that his inclusion was merely on suspicion, that CCTV footage does not identify him, and that both families have reached an amicable settlement, attaching the agreement as annexure. The State opposed the bail, emphasizing the seriousness of the alleged assault and firing. Considering the lack of conclusive identification, the settlement, and an undertaking by the petitioner to cooperate with the investigation, the court granted anticipatory bail subject to strict conditions regarding sureties, regular appearances before police and the trial court, and non‑interference with witnesses. The order directs release on bail if arrested within four weeks, on furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious allegations under the B.N.S. and Arms Act.
- Whether the petitioner’s identification solely on suspicion and the existence of an amicable settlement justify granting bail.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- assault
- firearms
- amicable settlement
- identification
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75296 of 2025
Arising Out of PS. Case No.-314 Year-2024 Thana- GHORASAHAN District- East
Champaran
======================================================
Vicky Kumar Son of Ravindra Sah Resident of Village - Koirgawa, Ward No.-
07, P.O.- Athmuhan, P.S.- Ghorasahan, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-02-2026 Heard Mr. Sanjay Kumar, learned counsel for
the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Ghorasahan P.S. Case No. 314 of 2024
registered for the offence under Sections 126(2), 115, 109, 352,
351(3) and 3(5) of the B.N.S. and section 27 of the Arms Act,
lodged on 25.07.2024 by the informant, Rajeshwar Prasad
Yadav.
3. As per the prosecution story, the informant alleged
that on the date of occurrence as he was moving in a Pick-Up
vehicle after carrying seeds of paddy crops and reached near
Bhagwan Lal Chowk, Ghorasahan market, where three persons
on motorcycle intercepted the vehicle. He dashed with the
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motorcycle which followed assault and opening of fire causing
injury in the fingers. The locals gave the name, petitioner
included, this led to the F.I.R..
4. Learned counsel for the petitioner submits that only
on suspicion, the name of the petitioner has been given, even in
the CCTV Footage, he has not been identified. Further, both the
families have come to an amicable agreement and has jointly
preferred petition before the court concerned to take appropriate
steps in the matter. It has been attached as Annexure-3 to the
petition.
5. Learned APP opposes the prayer submitting that
allegation of opening fire as also assault is there.
6. Considering the submissions of the parties, as also
the development that has taken place after the lodging of the
case, as recorded above and an undertaking has been given that
he shall be diligently appearing in trial, this Court is inclined to
extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate,
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Sikrahana at Dhaka, East Champaran, in connection with
Ghorasahan P.S. Case No. 314 of 2024 subject to the following
conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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