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Patna High Court

Vikash Kumar @ Vikas KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the injury was simple and the petitioner is a young first‑time offender.

Summary

The petitioner, a 19‑year‑old resident of Pakauliya, was implicated in a case where he allegedly assaulted the informant's wife with bricks, causing a simple injury. The prosecution alleged that the assault stemmed from a dispute between neighboring families over a marriage and drainage issues. The petitioner argued he had no prior criminal record and that the injury was minor. The court considered the nature of the injury, the petitioner’s age, and the prior neighborly dispute. Relying on Section 482(2) of the Bihar Negotiable (Criminal) Act, 2023, the court granted anticipatory bail subject to a bond and sureties. The order directed the petitioner to be released if arrested within four weeks, provided the bail conditions were met.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S. 2023
  • Whether the nature of the alleged injury and the petitioner’s age justify bail

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 125(a), 125(b), 126(2), 329(3), 3(5), 351(2), 352, 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • simple injury
  • neighbor dispute
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9344 of 2026
                        Arising Out of PS. Case No.-62 Year-2025 Thana- AKILPUR District- Saran
                 ======================================================
                 Vikash Kumar @ Vikas Kumar Son of Late Ramchandra Rai Resident of
                 Village - Pakauliya, P.S. - Akilpur, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manish Chandra Gandhi
                 For the Opposite Party/s :       Mr.Renuka Ratnakar (125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   12-03-2026        1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Akilpur P.S. Case No. 62 of 2025 dated 09.06.2025 registered

                   under Sections 126(2), 115(2), 109, 125(a), 125(b), 329(3), 352,

                   351(2) & 3(5) of the B.N.S. 2023.

                       3. As per the prosecution story marriage of the informant’s

                   daughter was solemnized some time back and it has been

                   alleged that the petitioner, who is the co-villager was calling the

                   informant’s daughter over mobile phone and was disturbing her.

                   The informant’s wife went to the house of the petitioner for

                   complaining as to why her daughter was being harassed. The

                   petitioner and other accused persons named in the F.I.R. entered

                   into the house of the informant on 28.05.2025 and petitioner

                   caught hold the informant’s wife and the co-accused Sumitra
Patna High Court CR. MISC. No.9344 of 2026(2) dt.12-03-2026
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          Devi and Sunita Devi assaulted her with bricks on her stomach

          and other parts of the body due to which blood started oozing

          out from the private part of the victim.

              4. Learned counsel for the petitioner submits that petitioner is

          19 years old having no criminal antecedent. Both sides are next

          door neighbours and there was previous dispute between them.

          The injury report annexed as Annexure-P/2 shows that the

          victim has sustained simple injury and there is no sign of

          external injury on the body of the victim.

              5. Regard being had to the submission made by the parties,

          taking into consideration the fact that both the parties are

          neighbours having previous dispute regarding drainage, the

          injury sustained by the victim is simple in nature and the

          petitioner is 19 years old, accordingly, I am inclined to grant

          anticipatory bail to the petitioner.

              6. Let the petitioner, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of Shree

          Gaurav Kumar, learned J.M.-1st Class, Saran at Chapra in

          connection with Akilpur P.S. Case No. 62 / 2025 subject to the
               Patna High Court CR. MISC. No.9344 of 2026(2) dt.12-03-2026
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                         condition as laid down under Section 482 (2) of the B.N.S.S.

                         2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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