Patna High Court
Vishal Kumar @ Vishal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court grants anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Vishal Kumar, was implicated in a case involving assault, grievous hurt, attempt to murder and conspiracy under Sections 341, 323, 324, 307, 120(B) and 34 of the Indian Penal Code. He claimed innocence, arguing that no specific allegation linked him to the assault on the informant's son and that he has no prior criminal record. The State opposed his application for anticipatory bail. The court examined the facts, noting the absence of a direct allegation against the petitioner and his clean antecedent, and decided to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when there is no specific allegation against the petitioner in the assault case
- Whether the petitioner’s lack of criminal antecedent warrants the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120B, 307, 323, 324, 34, 341
Subjects
- anticipatory bail
- assault
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91899 of 2025
Arising Out of PS. Case No.-224 Year-2023 Thana- AWTARNAGAR District- Saran
======================================================
Vishal Kumar @ Vishal Kumar Singh S/o- Sanjai Singh @ Sanjay Kumar
Singh R/v- Bhaismara, Ps- Garkha, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhijeet Abhigyan
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Sections 341, 323, 324, 307,
120(B), 34 of the Indian Penal Code.
3. Prosecution story in brief is that on 30.07.2023 at
about 7:00 PM informant's son Satam Kumar came out of his
house going somewhere. Then, when he asked, he told that
Manoranjan Singh and Saurabh Singh Bhulan Singh, who work
at Jagriti Petrol Pump have called for some work. Saying this,
he left with both of them on his bike. After sometime,
Manoranjan Singh, informant's brother Ranjvijay Singh, said
that Satam Kumar is badly injured. They reached Jagriti Petrol
Pump saw that Satam Kumar was lying unconscious in a badly
Patna High Court CR. MISC. No.91899 of 2025(2) dt.15-01-2026
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injured state at the petrol pump. There is blood flowing from his
head and left stomach. They immediately took him to Dighwara
Primary Health Center for treatment, from where he was
referred to Patna and also treatment Ruban Hospital Patliputra,
Patna. He was hit on the head with a heavy object and stabbed
in the stomach. After regaining consciousness for some time
during the treatment, Satam Kumar told him that when they
took him to the petrol pump, a a car car bearing Reg. No.
BR29PA 7579 came from which Utsav Kumar, Vishal Kumar,
Priyans Kumar, Manish Kumar all accused came out and
assaulted him with hammers and knives. Hence the present
case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He further submits that there is no specific
allegation against the petitioner of assault and the petitioner has
no criminal antecedent, as statement made in para 3 of the bail
application.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the fact that there is no specific allegation
Patna High Court CR. MISC. No.91899 of 2025(2) dt.15-01-2026
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against the petitioner of assaulting the son of the informant and
that the petitioner is alleged to be member of the gang and the
petitioner has no criminal antecedent, I am inclined to grant
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, Ist Class, Saran at
Chapra, in connection with Awtar Nagar P.S. Case No. 224 of
2023, subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
sanjeev/-
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