Patna High Court
Vicky KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Vicky Kumar was arrested in a case registered under Sections 191(2), 190, 109, 115(2), 126(2), 351(2) and 352 of the BNS, 2023 for allegedly assaulting an informant with an iron rod. The petitioner claimed he has a clean antecedent, that the injury was simple and not repeated, and that the alleged assault on the informant's back was not attributable to him. The investigating officer corroborated the petitioner’s version that the incident arose from a dispute between friends and that the injury was minor. The petitioner sought anticipatory bail, assuring cooperation with the investigation, while the State opposed the relief. The court, after considering the facts and assurances, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNS Act, reserving the right to cancel bail if the petitioner fails to cooperate.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNS Act, 2023 in view of the alleged offences and the circumstances of the case.
Subjects
- anticipatory bail
- assault
- BNS Act 2023
- clean antecedent
- bail conditions
- cooperation with investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9448 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- BIND District- Nalanda
======================================================
Vicky Kumar S/O Dilip Paswan R/O Village- Saidpur, P.S- Bind, District-
Nalanda
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 08-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2), 190,
109, 115(2), 126(2), 351(2) and 352 of the BNS, 2023.
3. The Investigating Officer of the case, in compliance
of the order dated 17.04.2026, is present in the Court.
4. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and from perusal of
the allegation as alleged in the FIR, it would manifest that
petitioner is alleged to have assaulted the informant by an iron
rod causing injury on head, but then it is submitted that the blow
was not repeated and the injury has been opined to be simple in
nature. It is also submitted that five accused persons are alleged
to have assaulted, but then specific allegation of assaulting the
informant on head is against the petitioner. It is next submitted
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that accused persons and the informant are friends and an
altercation took place on account of dispute relating to passage,
on account of which a scuffle took place and the occurrence got
committed, but then it is submitted that petitioner is not a
criminal.
5. The Investigating Officer of the case, who is present
in the Court, also concurs to the submissions made by the learned
counsel appearing on behalf of the petitioner that informant and
accused persons are friends and on account of dispute relating to
passage, the occurrence is alleged to have taken place. It is also
submitted that the injury suffered by the injured has been opined
to be simple in nature, but then the informant suffered injury on
back also, on which the learned counsel appearing on behalf of
the petitioner submits that petitioner is not alleged to have
assaulted the informant on his back. It is next submitted if
privilege of anticipatory bail is granted, the petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
6. Learned A.P.P. for the State opposes the anticipatory
bail application of the petitioner.
7. After hearing the learned counsel for the parties, the
petitioner above-named, in the event of his arrest or surrender
within a period of six weeks from today, be released on
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anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Bind P.S. Case No.
200 of 2025 subject to the conditions as laid down under Section
482 (2) of BNSS.
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
9. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail
application stands allowed.
11. The personal appearance of the Investigating Officer
of the case is dispensed with.
(Satyavrat Verma, J)
Rishabh/-
U T
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