Patna High Court
Vicky Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail must be granted to the petitioner as the allegations were vague, no material evidence linked him to the crime, and he had a clean antecedent.
Summary
The petitioner, Vicky Kumar, sought anticipatory bail after being implicated in a robbery and assault case under several sections of the B.N.S. The prosecution’s case was based on an informant’s allegation that a group of 25-30 unknown persons, including the petitioner, attacked a family during a ritual and looted valuables. The petitioner argued he had no involvement, no looted items were recovered from him, and he possessed a clean antecedent, also noting that co‑accused had already been granted anticipatory bail. The court observed that the accusations were general and omnibus, lacking specific evidence against the petitioner. Relying on the principle of parity and the petitioner’s clean record, the court allowed the prayer for anticipatory bail, directing that bail be granted upon furnishing a bond and sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the general and omnibus nature of the accusations
- Whether the lack of recovered looted articles and the petitioner’s clean antecedents justify granting anticipatory bail
- Whether Section 482(2) of the B.N.S.S. can be invoked to conditionally enlarge bail
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- general and omnibus accusation
- clean antecedent
- Section 482
- criminal procedure
- robbery
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90655 of 2025
Arising Out of PS. Case No.-239 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Vicky Kumar Ram S/o Anil Ram Resident of village- Banpura, PS-
Bhagwanpur, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ramchandra Sahni, Advocate
For the State : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109, 352, 351(2), 3(5) and 303(2) of the B.N.S..
3. As per prosecution case, informant, namely
Mahesh Paswan, alleged that on 05.06.2025 at about 8 o’clock,
after Dwar Puja, all the family members of the informant were
going to perform the ritual of Barnet, in the meantime, 25 to 30
unknown persons attacked them and looted jewelleries and cash
and also assaulted them. Through the help of local people, they
came to know that all the F.I.R. named accused persons,
including this petitioner and 20 to 25 unknown persons were
involved in the alleged occurrence.
Patna High Court CR. MISC. No.90655 of 2025(2) dt.10-02-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Informant has not disclosed the source of
information as to who disclosed the name of this petitioner,
which itself makes the entire prosecution case doubtful.
Allegations are general and omnibus. No looted article were
recovered from possession of this petitioner. Similarly situated
co-accused persons have already been granted the privilege of
anticipatory bail by this Hon’ble Court vide order dated
18.11.2025 passed in Cr. Misc. No. 73161 of 2025. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, the fact that no
looted articles were recovered from possession of the petitioner,
claim based on parity and clean antecedents, the prayer for grant
of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.90655 of 2025(2) dt.10-02-2026
3/3
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Siwan in connection
with Bhagwanpur Hat P.S. Case No. 239 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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