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Patna High Court

Vikash Singh @ Vikash Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to pre‑arrest bail subject to the conditions imposed.

Summary

The petitioners, Vikash Singh, Durgesh Kumar and Dhiraj Singh, were charged under multiple sections of the B.N.S. for allegedly assaulting an informant and his family after a dispute over a passage. They claimed the incident was a mutual fight and that any injuries inflicted were in self‑defence and minor in nature. The State opposed the grant of pre‑arrest bail. The Court examined the rival submissions, noted the existence of a case and counter‑case, and considered the medical report indicating simple injuries. Finding a prima facie case for bail, the Court ordered the petitioners to be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of criminal antecedents and compliance with Section 482(2) of the BNSS. The order directs the District Court to verify any pending cases against the petitioners, after which the bail order would stand.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite charges under Sections 126(2), 115(2), 118(2), 109(1), 74, 303(2), 352, 351(2) and 3(5) of the B.N.S.
  • Whether the alleged self‑defence and the minor nature of injuries justify granting bail
  • Whether the conditions under Section 482(2) of the BNSS are satisfied

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74

Subjects

  • pre‑arrest bail
  • assault
  • self‑defence
  • criminal procedure
  • Section 482
  • bail bond
  • case and counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89976 of 2025
                     Arising Out of PS. Case No.-363 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
           1.     Vikash Singh @ Vikash Kumar Singh aged about 45 years, Male, S/O Binod
                  Singh
           2.    Durgesh Kumar, aged about 19 years, Male, S/O Vikas Singh
           3.    Dhiraj Singh @ Dhiraj Kumar, aged about 32 years, Male, S/O Late Randhir
                 Singh,
                 All are resident of Kamrapar, P.S- Athmalgola, District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dipak Kumar, Advocate
                 For the Opposite Party/s :      Mr. Akshay Lal Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                    Heard Mr. Dipak Kumar, learned counsel appearing

                   on behalf of the petitioners and Mr. Akshay Lal Pandit, learned

                   APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Athmalgola P.S. Case No. 363 of 2025, registered for the

                   offence punishable under Sections 126(2), 115(2), 118(2),

                   109(1), 74, 303(2), 352, 351(2) and 3(5) of the B.N.S.

                                3. As per the allegation made in the FIR, petitioners

                   along with other co-accused persons, had entered into the house

                   of the informant and had assaulted him and his family members

                   causing injuries.
Patna High Court CR. MISC. No.89976 of 2025(2) dt.15-01-2026
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                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. Both the parties

          were involved in dispute with respect to a passage, due to

          which, an altercation took place and both the sides entered into

          fierce fight and in the self-defence, petitioners may have caused

          some injury to the informant and his family members, without

          intention. Injuries sustained by the informant side have been

          opined by the doctor to be simple in nature. There is case and

          counter case between the parties. On these grounds, petitioners

          seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Considering the rival submissions made on behalf

          of the parties, as well as, the fact that there is case and counter

          case between the parties. Both the parties were involved in

          dispute with respect to a passage, due to which, an altercation

          took place and both the sides entered into fierce fight and in the

          self-defence, petitioners may have caused some injury to the

          informant and his family members, without intention. Injuries

          sustained by the informant side have been opined by the doctor

          to be simple in nature. I am of the opinion that petitioners have,
              Patna High Court CR. MISC. No.89976 of 2025(2) dt.15-01-2026
                                                          3/3




                        prima facie, made out a case to be released on pre-arrest bail.

                                     7. The petitioners, above named, are directed to be

                        released on pre-arrest bail, in the event of their arrest or

                        surrender before the learned District Court within a period of

                        four weeks from today, on furnishing bail bond of Rs. 10,000/-

                        (Rupees Ten Thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned District Court

                        where the case is pending, in connection with Athmalgola P.S.

                        Case No. 363 of 2025, subject to the condition as laid down

                        under Section 482(2) of the BNSS.

                                     8. The learned District Court is directed to verify

                        the criminal antecedent of the petitioners as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioners as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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