Patna High Court
Vikas Yadav @ Vikas Yadav Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioner, Vikas Yadav, filed a bail application in the Patna High Court fearing arrest in Atri Police Station Case No. 376 of 2025, which alleged his involvement in assault and other offences under the BNS. The prosecution alleged that the petitioner and others assaulted the victim, but the petitioner contended his innocence, asserting that the senior superintendent’s report showed the victim sustained no injury. The court examined the medical report and noted the absence of any injury to the victim. Relying on this finding, the court allowed the bail application. The bail was conditioned on a bond of Rs 10,000 with two sureties and subject to the provisions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner given the allegations of assault and other offences under the BNS.
- Whether the absence of injury to the victim justifies the grant of bail under Section 438(2) CrPC and Section 482 BNSS.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- bail
- criminal procedure
- assault
- victim injury
- Section 438 CrPC
- Section 482 BNSS
- Patna High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88856 of 2025
Arising Out of PS. Case No.-376 Year-2025 Thana- ATRI District- Gaya
======================================================
Vikas Yadav @ Vikas Yadav Kumar @ Vikash Kumar S/o Late Ganouri
Yadav Resident of Village- Mahmadpur, P.S.- Atri, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Mr.Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Atri P.S. Case No. 376 of 2025 registered for
the offence under Sections 126(2), 115(2), 118, 117(2), 109, 74,
77, 78, 79, 296, 352, 351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner and
others are accused of assaulting the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that from the
report of the Senior Superintendent of Police, Gaya, it appears
that the victim has sustained no injury.
5. Considering the fact that the victim has sustained
Patna High Court CR. MISC. No.88856 of 2025(3) dt.23-02-2026
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no injury, this application is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned ACJM-IV,
Gaya/concerned Court below in connection with Atri P.S. Case
No. 376 of 2025, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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