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Patna High Court

Vinay Kumar @ Vinay Kumar RayversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Pre‑arrest bail was denied to Vinay Kumar but granted to Kundan Kumar as the former faced specific allegations while the latter faced only general allegations.

Summary

Vinay Kumar and Kundan Kumar were named in FIR No.257/2025 for offences including assault, outraging modesty and theft. They sought pre‑arrest bail, asserting that they were falsely implicated due to a personal enmity. The State opposed the bail. The High Court found specific allegations against Vinay Kumar for assault with an iron rod and therefore refused him pre‑arrest bail. It held that the allegations against Kundan Kumar were general and omnibus, granting him pre‑arrest bail on a Rs 10,000 bond with two sureties under Section 482(2) of the BNSS, subject to verification of his criminal antecedents. The application was disposed of.

Issues considered

  • Whether pre‑arrest bail can be granted under Section 482(2) of the BNSS in the present case
  • Whether the presence of specific allegations against an accused precludes the grant of pre‑arrest bail
  • Whether general and omnibus allegations justify the grant of pre‑arrest bail

Subjects

  • pre‑arrest bail
  • Section 482
  • high court powers
  • specific allegations
  • general allegations
  • bail conditions
  • criminal procedure
  • assault
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9829 of 2026
                     Arising Out of PS. Case No.-257 Year-2025 Thana- DERNI BAZAR District- Saran
                 ======================================================
           1.     Vinay Kumar @ Vinay Kumar Ray S/O Raj Kishore Ray R/O Village-

                 Pirari, P.S.- Derni, District- Saran
           2.    Kundan Kumar @ Kundan Kumar Ray S/O Raj Kishore Ray R/O Village-

                 Pirari, P.S.- Derni, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Ravi Prakash, Advocate

                 For the Opposite Party/s :       Mr.Abhay Kumar Roy, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   06-05-2026                   Heard Mr. Ravi Prakash, learned counsel appearing

                   on behalf of the petitioners and Mr. Abhay Kumar Roy, learned

                   APP for the State.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Derni P.S. Case No. 257/2025 registered for the offence(s)

                   punishable under Sections 126(2), 115(2), 118(1), 109, 74,

                   303(2), 352, 351(2), 351(3), 3(5) of the BNS.

                                 3. As per the allegation made in the FIR, due to prior

                   enmity, the petitioners, along with other accused, allegedly

                   assaulted the informant and his family members with weapons,
Patna High Court CR. MISC. No.9829 of 2026(3) dt.06-05-2026
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          causing injuries, and also outraged the modesty of a woman and

          snatched gold ornaments.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have been

          falsely implicated in the present case. The petitioners have no

          concern with the alleged incident and have been falsely

          implicated due to prior enmity between the parties, who are

          agnates. So far as, petitioner no. 2, namely Kundan Kumar, is

          concerned, there is no specific allegation attributed to him and

          his implication is general and omnibus in nature. However, with

          regard to petitioner no. 1, namely Vinay Kumar, it is alleged that

          he assaulted the informant and also inflicted injuries upon the

          informant’s wife and daughters with iron rod. Learned counsel

          further submitted that there is a case and counter-case between

          the parties. On these grounds, the petitioners seek to be released

          on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR, I find that there are specific allegations against

          petitioner no. 1, Vinay Kumar, of assaulting the informant and
Patna High Court CR. MISC. No.9829 of 2026(3) dt.06-05-2026
                                            3/4




          his family members with an iron rod causing injuries, and

          considering the nature and gravity of the allegations, I am not

          inclined to enlarge the petitioner no.1 on pre-arrest bail.

                       7. So far as petitioner no. 2, Kundan Kumar, is

          concerned, the allegations against him are general and omnibus

          in nature with no specific overt act attributed to him, and

          accordingly, I am of the opinion that petitioner no.2 has, prima

          facie, made out a case to be released on pre-arrest bail.

                       8. The petitioner no.2, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court 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 learned District Court where the case is pending /

          Concerned Court in connection with                  Derni P.S. Case No.

          257/2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                       9. The learned District Court is directed to verify

          the criminal antecedent of the petitioner no.2              and if it is

          found that the petitioner no.2 is involved in some other

          cases, as what has been stated in paragraph no.3 of the bail

          application, this order will automatically lose its force.
           Patna High Court CR. MISC. No.9829 of 2026(3) dt.06-05-2026
                                                       4/4




                                    10.     Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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