Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Vishal Kumar applied for anticipatory bail after being implicated in a case (PS No. 503/2025) alleging assault on an informant with an iron rod, lathi and belt, under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged the assault occurred on 4 August 2025, while the petitioner claimed innocence, describing the allegations as general and the injuries as simple. The State opposed the bail, arguing the seriousness of the offences. The court examined the nature of the accusations, the extent of injury, and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Finding that the allegations did not warrant denial of bail, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the alleged offences and the injuries sustained.
- Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita justifies denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- assault
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90582 of 2025
Arising Out of PS. Case No.-503 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Vishal Kumar S/o Late Brij Kishor @ Late Brij Kishore Ram @ Late Nawal
Kishore Ram R/o Mohalla- Jawahar Tola, P.S.- Ara Nawada, Distt- Bhojpur,
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Anand, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109(1), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 04.08.2025 at
about 7:30 PM, when informant was going to clinic to get
medicines, all the F.I.R. named accused persons, including this
petitioner, surrounded and assaulted him by means of iron rod,
lathi and belt.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus. Injuries sustained by the
injured are simple in nature.
Patna High Court CR. MISC. No.90582 of 2025(3) dt.24-03-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and injury,
this anticipatory bail is allowed and it is ordered that let the
above named petitioner in the event of his arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate-VI, Bhojpur
at Ara in connection with Nawada P. S. Case No. 503 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…