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Vikram Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
2025
Vikram Kumar Vs The State of BiharVikram Kumar v. The State of Bihar

Dismissed¶¶19

Vikram Kumar v. The State of Bihar

Patna HC23 Apr 2025CR. MISC./21788/2025

Case brief

AI extract

What is this about?

Anticipatory (pre-arrest) bail refused; application dismissed. Petitioner Vikram Kumar v. The State of Bihar; Patna High Court; Crim. Misc. No. 21788 of 2025; decided 23-04-2025; Coram: Purnendu Singh, J. Arising out of Kudhani P.S. Case No. 216 of 2024, Thana Kudhani, District Muzaffarpur. Offences under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 351(3), 3(5) BNS (Bharatiya Nyaya Sanhita, 2023). Allegation: petitioner assaulted informant with a Farsa on the head causing (per informant's counsel) grievous injury; petitioner pleaded innocence and clean antecedents; informant's counsel (Krishna Kant Singh) and APP (Pramod Kumar Pandey) opposed bail. Petitioner's counsel: Rana Sanjay Kumar Singh.

What did the court decide?

Having considered the rival submissions of the parties and the nature of allegation made against the petitioner, the Court was not inclined to grant pre-arrest bail to the petitioner.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner (Vikram Kumar), against whom the FIR lays the specific allegation of assaulting the informant with a Farsa on his head causing injury, should be granted pre-arrest bail in connection with Kudhani P.S. Case No. 216 of 2024.

Court's answer

Having considered the rival submissions of the parties and the nature of allegation made against the petitioner, the Court was not inclined to grant pre-arrest bail to the petitioner.

Ratio / Principle

The present bail application stands dismissed.

Detailed headnote1 paragraphs

Pre-arrest bail refused — Patna High Court (Purnendu Singh, J.), Criminal Miscellaneous No. 21788 of 2025, decided 23-04-2025 (arising out of Kudhani P.S. Case No. 216 of 2024, District Muzaffarpur): Vikram Kumar sought pre-arrest bail for offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 351(3) and 3(5) BNS. Per the FIR, the petitioner is specifically alleged to have assaulted the informant with a Farsa on his head, resulting in injury; the informant's counsel asserted the injury was grievous, and the APP also opposed the prayer. Holding that, on the rival submissions and the nature of allegation against the petitioner, it was not inclined to grant pre-arrest bail, the Court dismissed the bail application.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21788 of 2025

Arising Out of PS. Case No.-216 Year-2024 Thana- KUDHNI District- Muzaffarpur

======================================================

Vikram Kumar, aged about 31 years, Male, Son of Nagendra Singh, Resident of Village- Kishunpur Madhuban, P.S.- Kudhani, Distt.- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rana Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP For the informant : Mr. Krishna Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 23-04-2025

Heard Mr. Rana Sanjay Kumar Singh, learned

counsel appearing on behalf of the petitioner; Mr. Pramod Kumar Pandey, learned APP for the State and Mr. Krishna Kant Singh, learned counsel for the informant.

The petitioner seek pre-arrest bail in connection with Kudhani P.S. Case No. 216 of 2024 registered for the offence(s) punishable under Sections 126(2),115(2),118(1),109,303(2),352,351(2),351(3),3(5) of BNS.

As per the allegation made in the FIR, the accused persons named therein including the petitioner had assaulted the informant. Specific allegation of assaulting the informant by means of Farsa on his head is against petitioner, as a result of

Patna High Court CR. MISC. No.21788 of 2025(2) dt.23-04-2025 2/2

which, the informant sustained injury.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner has clean antecedent.

Mr. Krishna Kant Singh, learned counsel appearing on behalf of the informant has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner. He submitted that petitioner is the one, who had assaulted the informant by means of Farsa on his head, resulting into grievous injury.

Learned APP for the State too vehemently opposed the prayer for grant of pre-arrest bail.

Having considered the rival submissions made on behalf of the parties, as well as the nature of allegation made against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the present bail application stands dismissed.

(Purnendu Singh, J)

Sanjay/-

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner (Vikram Kumar), against whom the FIR lays the specific allegation of assaulting the informant with a Farsa on his head causing injury, should be granted pre-arrest bail in connection with Kudhani P.S. Case No. 216 of 2024.¶¶12
The court held
Having considered the rival submissions of the parties and the nature of allegation made against the petitioner, the Court was not inclined to grant pre-arrest bail to the petitioner.ratio¶¶19

Statutes considered

9 provisions across 1 enactments

AI extract

BNS (Bharatiya Nyaya Sanhita, 2023)126(2)¶¶12 115(2)¶¶12 118(1)¶¶12 109¶¶12 303(2)¶¶12 352¶¶12 351(2)¶¶12 351(3)¶¶12 3(5)¶¶12

Procedural history

How this case reached the court

AI extract

Prior proceeding
Kudhani P.S. Case No. 216 of 2024, Thana Kudhani, District Muzaffarpur, registered for offence(s) punishable under Sections 126(2),115(2),118(1),109,303(2),352,351(2),351(3),3(5) of BNS; the petitioner sought pre-arrest bail in that case.¶¶12
Prior proceeding
As per the FIR, the accused persons named therein, including the petitioner, assaulted the informant; the specific allegation against the petitioner is assaulting the informant with a Farsa on his head, due to which the informant sustained injury.¶¶13

Parties & counsel

AI extract

petitioner
Vikram Kumar¶¶4
Rana Sanjay Kumar Singh
respondent
The State of Bihar¶¶7
Pramod Kumar Pandey
other
Informant (name not stated)¶¶8
Krishna Kant Singh

Coram

AI extract

Purnendu Singhauthor¶¶8

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 23 Apr 2025 · April
Registered: 29 Mar 2025
Case no.: CR. MISC./21788/2025
CNR: BRHC010240582025
Bench: Purnendu Singh
Disposal: BAIL REJECTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Vikram Kumar v. The State of Bihar, CR. MISC./21788/2025 (PAT), decided on 23 April 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes9

BNS (Bharatiya Nyaya Sanhita, 2023)126(2) · 115(2) · 118(1) · 109 · 303(2) · 352 · 351(2) · 351(3) · 3(5)

View all statutes

Procedural history2

Kudhani P.S. Case No. 216 of 2024, Thana Kudhani, District Muzaffarpur, registered for offence(s) punishable under Sections 126(2),115(2),118(1),109,303(2),352,351(2),351(3),3(5) of BNS; the petitioner sought pre-arrest bail in that case.
As per the FIR, the accused persons named therein, including the petitioner, assaulted the informant; the specific allegation against the petitioner is assaulting the informant with a Farsa on his head, due to which the informant sustained injury.

View full history

Bench / Coram

Purnendu Singh

Parties & counsel