Patna High Court
Vivek Kumar @ Bittu Kumar @ BittuversusThe State of Bihar
- Decided
- 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 alleging assault, attempted outrage of modesty, and other offences under several sections of the B.N.S. The prosecution alleged that on 11‑04‑2025 he, along with a co‑accused, assaulted an informant and her father. The petitioner contended he is the informant’s brother and that the case is false, arising from a property dispute, noting the accusations are vague and he has a clean record. The State opposed the bail. The Court, considering the general and omnibus nature of the allegations, the familial relationship, and the petitioner’s clean antecedents, granted anticipatory bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in view of the vague and general nature of the accusations
- Whether the petitioner’s relationship to the informant and clean antecedents justify bail
- Whether the prosecution’s case sufficiently discloses specific overt acts to deny bail
Legislation cited
Subjects
- anticipatory bail
- false allegations
- assault
- property dispute
- clean antecedents
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85858 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Vivek Kumar @ Bittu Kumar @ Bittu Son of Surendra Prasad Thakur @
Surendra Thakur Resident of Mohalla - Adarsh Nagar, P.S. - Sultanganj,
District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ankit Raj, Advocate
For the State : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 17-01-2026 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), 76, 303(2), 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on
11.04.2025, this petitioner, along with co-accused Vicky Anand,
assaulted informant and her father and also tried to outrage the
modesty of the informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, petitioner is none else
than own brother of the informant and due to property dispute,
Patna High Court CR. MISC. No.85858 of 2025(2) dt.17-01-2026
2/2
this false and concocted case has been lodged. 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, relationship
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.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-I, Bhagalpur in
connection with Sultanganj P.S. Case No. 140 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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