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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.86560 of 2025(4) dt.19-03-2026
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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
Patna High Court CR. MISC. No.86560 of 2025(4) dt.19-03-2026
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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
           Patna High Court CR. MISC. No.86560 of 2025(4) dt.19-03-2026
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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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