Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Vishal Kumar, a 20‑year‑old college student, was named in FIR No. 379/2025 for alleged assault, threatening with firearms and other offences under the Bharatiya Nyaya Sanhita and the Arms Act. He contended that he was falsely implicated, that the mobile number cited did not belong to him and that the alleged violent acts were committed by others. The petitioner, represented by Advocate Jitendra Kumar Pandey, argued that no specific overt act was attributed to him and that he has no criminal antecedents. The court, considering the nature of the allegations, the petitioner’s youth and clean record, and the lack of concrete evidence against him, was inclined to grant anticipatory bail. Accordingly, the application for anticipatory bail was allowed, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious allegations under multiple sections of the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner is likely to abscond, tamper with evidence or influence witnesses.
- Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable to grant anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 127(2), 303(2), 324(4), 326(f), 329(3), 329(4), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- criminal procedure
- assault
- firearms
- student
- FIR
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86560 of 2025
Arising Out of PS. Case No.-379 Year-2025 Thana- KHAJANCHI HAT District- Purnia
======================================================
Vishal Kumar S/o Shivjee Prasad Jaiswal R/o Vill.- Giddha, P.S.- Rupauli,
Dist.- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 19-03-2026 Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of K.Hat Police Station Case No. 379 of 2025,
disclosing offences under Sections 126(2), 127(2), 115(2),
329(3), 324(4), 303(2), 76, 329(4), 326(f), 352, 351(2) and
3(5) of Bharatiya Nyaya Sanhita and 27 of Arms Act.
3. The prosecution case, as per the First
Information Report, is that the Incharge Principal of Rajkiya
Polytechnic, Purnea, lodged an FIR alleging that on
15.09.2025 a female student of the Electrical branch
complained that she was being called by mobile no.
7634050889 regularly by one Rishi Mishra. On the same
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day, a group of outsider boys including Rishi Mishra and the
petitioner (student of the college) entered the hostel
premises and misbehaved with the girl students, and when
objected by other students, they assaulted the college boys,
threatened them with firearms, and snatched a mobile phone
of one boy. Thereafter the college students apprehended
Rishi Mishra and the petitioner and handed them over to the
police, who released the petitioner after warning him. Later
at about 11:00 PM, the petitioner returned to the college
campus along with Mritunjay Yadav and another persons in
a four-wheeler, allegedly assaulted the college students
again, caused injuries, and opened fire in the hostel campus,
upon which the college students retaliated and damaged
Mritunjay Yadav’s vehicle, leading to lodging of the present
FIR, and it is further alleged that due to the said retaliation,
the petitioner’s vehicle was also damaged, for which his
father lodged FIR bearing K.Hat P.S. Case No. 380 of 2025.
4. Learned counsel for the petitioner submits that
the petitioner has not committed any offence in the manner
alleged and has falsely been implicated in the present case.
From perusal of the FIR, it would be evident that the
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informant’s complaint is that one Rishi Mishra used to call
her regularly while the mobile number mentioned in the FIR
does not belong to the petitioner and the specific allegations
of assault and firing in the college campus have been
attributed to Rishi Mishra and Mritunjay Yadav, and no
specific overt act has been alleged against the petitioner.
Learned counsel further submits that the petitioner had
merely gone to the college campus to vacate his hostel room,
during which his vehicle was damaged by the students. The
petitioner is a young student aged about 20 years, having no
criminal antecedents.
5. Regards being had to the submissions made on
behalf of the parties and taking into consideration the nature
of allegation and the fact that petitioner is a student aged
about 20 years, having no criminal antecedent, I am inclined
to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like
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amount each to the satisfaction of learned Chief Judicial
Magistrate, Purnea, in connection with K.Hat Police Station
Case No. 379 of 2025, subject to the condition laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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