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Patna High Court

Aditya Kumar @ Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioners, holding that their presence facilitated the alleged stabbing and thus they are not entitled to bail.

Summary

The petitioners, three brothers from Terasiya, sought anticipatory bail fearing arrest in a case (PS No.152 of 2025) involving alleged extortion, assault and stabbing under several sections of the Bihar Narcotic Substances Act, 2023. They argued they have clean records and were falsely implicated by the informant, who claimed they demanded Rs.50,000 per month and were present during the assault but did not personally stab the victim. The State contended that although the petitioners did not wield the knife, their presence encouraged the assailant, Santosh, to commit the stabbing, and therefore bail should not be granted. The court examined the allegations, noting the injury was simple yet an incised wound corroborated the stabbing claim, and found the petitioners' involvement sufficient to deny anticipatory bail. Consequently, the court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bihar Narcotic Substances Act, 2023 in view of the alleged extortion and assault.
  • Whether the mere presence of the petitioners at the scene, without directly committing the stabbing, warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • assault
  • stabbing
  • Bihar Narcotic Substances Act
  • criminal procedure
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86976 of 2025
                   Arising Out of PS. Case No.-152 Year-2025 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
           1.     Aditya Kumar @ Vishal Kumar S/O Shankar Rai Resident of village-
                  Terasiya, P.S- Ganga Bridge, Distirct - Vaishali
           2.    Raushan Kumar S/O Shankar Rai Resident of village- Terasiya, P.S- Ganga
                 Bridge, Distirct - Vaishali
           3.    Ajay Kumar S/O Chanarik Rai Resident of village- Terasiya, P.S- Ganga
                 Bridge, Distirct - Vaishali

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :      Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Ganga Bridge P.S. Case No. 152 of 2025 registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 303(2),

                   352, 351(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that on 10.09.2025 at 05:00 PM, he was returning home

                   when accused persons including the petitioners intercepted him

                   and demanded extortion of Rs. 50,000/- per month, on protest,
Patna High Court CR. MISC. No.86976 of 2025(2) dt.27-02-2026
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          Raushan gave orders to kill, on which Santosh assaulted him by

          knife causing injury on head while Ajay assaulted by rod

          causing injury on shoulder, further on instigation of Raushan

          and Aditya, accused Santosh again assaulted him by knife at the

          same place causing injury on head while Aditya took Rs.

          16,000/- from his pocket and when people gathered, accused

          fled threatening.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that Santosh

          is alleged to have stabbed twice the informant causing injury on

          head, but then as far as these petitioners are concerned, they are

          not alleged to have assaulted the informant by knife, rather it is

          alleged that Ajay (petitioner no. 3) assaulted by rod and on

          instigation of Aditya and Raushan, the accused Santosh had

          stabbed the informant for the second time and Aditya is also

          alleged to have snatched Rs. 16,000/-. It is also submitted that

          the injury suffered by the injured has been opined to be simple

          in nature.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioners and submits that
            Patna High Court CR. MISC. No.86976 of 2025(2) dt.27-02-2026
                                                        3/3




                      no doubt injury has been opined to be simple in nature, but then

                      the wound is incised, which corroborates the allegation of

                      stabbing. It is next submitted that no doubt petitioners are not

                      alleged to have stabbed the informant, but then their presence at

                      the place of occurrence emboldened Santosh to commit the

                      occurrence of stabbing.

                                   6. Considering the submissions made by the learned

                      APP for the State, the Court is not inclined to extend the

                      privilege of anticipatory bail to the petitioner.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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