Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the absence of specific allegations against the petitioners and their clean antecedent, bail must be granted subject to statutory conditions.
Summary
The petitioners Vicky Kumar, Niraj Kumar and Banti Kumar sought bail fearing arrest in a case (Nardiganj PS Case No. 329 of 2025) arising from an FIR dated 06‑09‑2025 alleging assault and related offences under the Bharatiya Nyay Sanhita, 2023. The informant claimed the petitioners participated in a lathi and iron‑rod assault on his sons, while the petitioners contended they have a clean antecedent and were falsely implicated, arguing that the FIR contains only a generic allegation against all accused. The Additional Public Prosecutor opposed bail. The court examined the lack of specific allegation against the petitioners and their clean record, and applied Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. It ordered that the petitioners be released on bail of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedent. The bail order was directed to be implemented by the lower court within thirty days.
Issues considered
- Whether bail should be granted to the petitioners in the absence of specific allegations against them.
- Whether the petitioners' clean antecedent warrants bail despite the serious nature of the offences alleged under the Bharatiya Nyay Sanhita.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 118(2), 126(2), 127(2), 190, 191(1), 191(3), 192(2), 351(2), 352, 74
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- assault
- false implication
- clean antecedent
- Bharatiya Nyay Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88879 of 2025
Arising Out of PS. Case No.-329 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
1. Vicky Kumar S/O Radhe Sao R/O village-Buchchi, P.S-Nardiganj,Dist-
Nawada
2. Niraj Kumar S/O Madan Sao R/O village-Buchchi, P.S-Nardiganj,Dist-
Nawada
3. Banti Kumar S/O Paro Sao R/O village-Buchchi, P.S-Nardiganj,Dist-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
For the Informant : Mr. Ram Pravesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Vijay Kumar, learned counsel for the
petitioners Mr. Khurshid Anwar, learned Additional Public
Prosecutor for the State and Mr. Ram Pravesh Kumar, learned
counsel for the Informant.
2. The petitioners are apprehending their arrest in
connection with Nardiganj P.S. Case No. 329 of 2025, F.I.R.
dated 06.09.2025 for the offences punishable under Sections
126(2), 127(2), 109, 351(2), 352, 118(2), 74, 191(1), 192(2), 190,
191(3) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged
that the petitioner along with other accused persons assaulted his
Patna High Court CR. MISC. No.88879 of 2025(2) dt.12-01-2026
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son by means of lathi and fist and threatened to kill him. After
that a panchayati was convened, in the meantime, all the accused
persons came with lathi, danda and iron rod and assaulted
informant’s second son.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. There is case and counter case
between the parties and both parties are agnates to each other.
Although the petitioners are named in the FIR but from bare
perusal of the FIR it appears that there is no specific allegation of
assault or overt act against them rather there is general and
omnibus against all the accused persons including the petitioners.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
there is no specific allegation against the petitioners and the
petitioners have clean antecedent let the petitioners, above
named, in the event of arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned J.M. 1st Class, Nawada in
connection with Nardiganj P.S. Case No. 329 of 2025, subject to
Patna High Court CR. MISC. No.88879 of 2025(2) dt.12-01-2026
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the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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