Patna High Court
Vishal Kumar @ Vishal Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petitioners' anticipatory bail, subject to conditions, under Section 438(2) CrPC read with Section 482(2) B.N.S.S.
Summary
Vishal Kumar and Dhananjay Kumar sought anticipatory bail fearing arrest in connection with PS Daudpur Case No.66 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault with bricks, stones, an axe and a stick, and theft of a gold chain. The prosecution’s FIR named the petitioners among others as participants in the assault, while the petitioners contended that they were falsely implicated, that no overt act was alleged against Vishal Kumar, and that the injuries were merely bruises. The State opposed the bail application, arguing the seriousness of the alleged offences. The Court examined the material on record, the clean antecedents of the petitioners, and the lack of specific incriminating facts against one of them. Relying on Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the Bharatiya Nyaya Sanhita, the Court granted anticipatory bail subject to stringent conditions, including surety, personal appearance, and verification of antecedents. The order clarified that any observations made therein would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the prosecution has established sufficient grounds to deny bail, considering the alleged offences and the petitioners' claims of false implication.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- false implication
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82018 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- DAUDPUR District- Saran
======================================================
1. Vishal Kumar @ Vishal Kumar Yadav, S/o Birendra Yadav @ Birendra Rai,
R/o Village- Dabwaliya, P.S.- Kopa, District- Saran
2. Dhananjay Kumar @ Dhananjay Yadav, S/o Varan Yadav @ Raj Kishore
Yadav, R/o Village- Dabwaliya, P.S.- Kopa, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Daudpur P.S. Case No.66 of 2025 registered for the
offences under Sections 126(2), 115(2), 118(1), 109, 303(2),
352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that the FIR named accused persons, including the
petitioners, along with some unknown persons, assaulted him
with bricks and stones, while one of the unknown persons
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assaulted him by axe on his head. It is further alleged that the
petitioner no.2 along with one Manjay started assaulting him by
stick and thereafter petitioner no.2 snatched away gold chain
from his neck.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case and no
offence is being made out against them. It has further been
submitted that though it has been alleged that the petitioner no.2
has assaulted the informant with hockey stick, however, the
injury referred to in the impugned order is said to be bruises on
head and was found to be simple. It has next been submitted that
there is no specific allegation of overt act against petitioner
no.1, namely, Vishal Kumar @ Vishal Kumar Yadav. It has
lastly been submitted that the petitioners carries clean
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
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bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Daudpur P.S. Case No.66 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two 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.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose
of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
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8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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