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Patna High Court

Vicky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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