Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
Vishal Kumar and Birbal Kumar were accused in a criminal case (Dariyapur P.S. Case No.260 of 2024) involving offences under multiple sections of the Indian Penal Code, the Arms Act and alleged robbery and assault. The petitioners claimed they were falsely implicated, highlighted an inordinate delay in filing the FIR, and pointed to the simple nature of the alleged injuries and the clean antecedents of the accused. They also relied on the fact that similarly situated co‑accused had been granted anticipatory bail in a related matter (Cr. Misc. No.75535 of 2024). The State opposed the bail application. After considering the submissions, the court granted anticipatory bail to the petitioners, subject to a bail bond of Rs 10,000 each, two sureties, and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the charges.
- Whether the delay in lodging the FIR and the alleged general nature of the accusations justify denial of bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are satisfied.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 380, 386, 392, 427, 452, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87550 of 2025
Arising Out of PS. Case No.-260 Year-2024 Thana- DARIYAPUR District- Saran
======================================================
1. Vishal Kumar Son of Manoj Sahani, Resident of Village - Sumerpatti, P.S.-
Dariyapur, District - Saran at Chapra.
2. Birbal Kumar @ Birbal Sahani Son of Naresh Sahani, Resident of Village -
Sumerpatti, P.S.- Dariyapur, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate.
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Dariyapur P.S. Case No.260 of 2024 instituted under
Sections 147, 148, 149, 323, 307, 380, 386, 392, 427, 452, 504,
506 of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners
alongwith other co-accused persons entered in the house of
complainant armed with lathi-danda, iron rod, khanti and
country made pistol, assaulted the complainant very badly and
took Rs.70,000/- from box, ornaments worth Rs.1,50,000/- and
they also damaged the household articles worth Rs.50,000/-. It
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is further alleged that when Meera Devi, Pintu Kumar, Rahul
Kumar, Rambabu Sahni, Neeraj Kumar and Bhikan Sahni came
to rescue the complainant, they were also assaulted by the
accused persons.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case with ulterior motive. He further submits that there is
inordinate delay in lodging the F.I.R. without any plausible
explanation. Learned counsel submits that there is general and
omnibus allegation against the petitioners and the injuries
sustained by the victims are simple in nature. He further submits
that the present case is counterblast of Dariyapur P.S. Case
No.114 of 2024. Learned counsel submits that similarly situated
co-accused persons have been granted anticipatory bail by the
Co-ordinate Bench of this Court vide order dated 10.12.2024
passed in Cr. Misc. No.75535 of 2024. He further submits that
petitioners have got clean antecedent and they undertake to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
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of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned J.M. 1st Class, Saran at Chapra in connection with
Dariyapur P.S. Case No.260 of 2024, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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