Patna High Court
Vikash Kumar @ Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
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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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