Patna High Court

Vivek KumarversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Vivek Kumar, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. for alleged assault, robbery and other offences. The prosecution alleged that on 21 September 2025 the petitioner, along with a group of miscreants, attacked an informant in a saloon, causing injuries and stealing a gold chain. The petitioner contended he was innocent, claiming the case was a retaliatory false complaint linked to a prior SC/ST case filed by his aunt, and argued that the allegations were vague and omnibus with no specific overt act attributed to him. The State opposed the bail application. The court, noting the general nature of the accusations, the inter‑party counter‑case, and the petitioner's clean antecedents, granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S. for discretionary powers.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and his clean antecedents
Whether the accusations against the petitioner are sufficiently specific to deny bail

Legislation cited

B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
general and omnibus accusation
clean antecedents
Section 482
criminal procedure
bail
assault
theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7827 of 2026
                        Arising Out of PS. Case No.-965 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
                 Vivek Kumar S/O Rajesh Ram Resident of Village- Belkunda, P.S.- Mahua,
                 District- Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Sanjay Kumar Jha, Advocate
                 For the State            :        Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S..

                                3. The prosecution case, in brief, is that on 21.09.2025

                   at about 10 AM, when the informant was sitting inside a saloon

                   at Belkunda Chowk, in the meantime, all the F.I.R. named

                   accused persons, including this petitioner along with 10 to 12

                   unknown miscreants, armed with lathi, danda, iron rod and

                   pistol, came there and assaulted informant causing multiple

                   injuries. It is further alleged that the accused persons also

                   snatched gold chain from the informant.
Patna High Court CR. MISC. No.7827 of 2026(2) dt.20-02-2026
                                            2/3




                        4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. The present case is counter-blast of

          SC/ST P.S. Case No. 69 of 2025 which was lodged by the aunt

          of petitioner against informant and others and only with a view

          to save their skin from the aforesaid case, this false and

          concocted case has been lodged. Moreover, allegation of assault

          is general and omnibus and no specific accusation of overt act

          has been alleged against this petitioner. Rest of the allegations

          are ornamental in order to make the case grave. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case between the parties and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.
             Patna High Court CR. MISC. No.7827 of 2026(2) dt.20-02-2026
                                                         3/3




                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned A.C.J.M.-IV, Vaishali at

                       Hajipur in connection with Mahua P.S. Case No. 965 of 2025,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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