Patna High Court
Vikash Singh @ Vikash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
2/3
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
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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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