Vipin Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Vipin Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on anticipatory bail upon arrest/surrender before the learned court below within four weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Nawada, in connection with Kauwakol P.S. Case No. 94 of 2025, subject to Section 438(2) CrPC / Section 482(2) BNSS, 2023 conditions.

Issue for consideration

Whether petitioner Vipin Kumar, apprehending arrest in Kauwakol P.S. Case No. 94 of 2025, should be released on anticipatory bail. +1 more

Court's answer

The petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks, is to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Nawada.

Ratio / Principle

The anticipatory bail is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (Nawneet Kumar Pandey, J., Patna High Court, Criminal Miscellaneous No.38958 of 2025, order dated 05-12-2025) to petitioner Vipin Kumar apprehending arrest in Kauwakol P.S. Case No. 94 of 2025, District Nawada, registered under Sections 126(2), 115(2), 109, 303(2), 117(3), 118(2), 352, 351(3), 3(5) of Bhartiya Nyay Sanhita, 2023; the specific allegation against the petitioner was of assaulting Arvind Kumar with an iron rod. Bail was granted notwithstanding the informant's counsel pointing out that the anticipatory bail applications of co-accused Prahlad Kumar, Nitish Kumar and Karu Sah had been rejected, petitioner's Senior Counsel having replied that those co-accused were the authors of injuries found grievous in the supplementary injury report (a contention challenged), while other co-accused had been granted anticipatory bail. Release ordered upon arrest/surrender within four weeks on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-Ist Class, Nawada, subject to Section 438(2) CrPC / Section 482(2) BNSS, 2023 conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38958 of 2025

Arising Out of PS. Case No.-94 Year-2025 Thana- KAUWAKOL District- Nawada

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

Vipin Kumar S/O Kailash Saw R/O Village- Mananpur Tola- Ammatari, P.SKawakol, Distt.- Nawada. (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Indradeo Prasad For the Opposite Party/s : Mr.Choubey Jawahar ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 05-12-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Kauwakol P.S. Case No. 94 of 2025 registered under Sections 126(2), 115(2), 109, 303(2), 117(3), 118(2), 352, 351(3), 3(5) of Bhartiya Nyay Sanhita, 2023.

According to allegation, the FIR named accused persons equipped with Lathi, Khanti, iron rod, knife started opposing the informant after uttering that the informant has won the election of PACCS and he could not be saved and in consequence thereof, the accused persons started assaulting the informant, as a result of which, he sustained injuries.

The specific allegation against the petitioner is of

Patna High Court CR. MISC. No.38958 of 2025(4) dt.05-12-2025 2/3

assaulting Arvind Kumar with iron rod. Learned Senior Counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. He is a person of clean antecedent and the injury found on the persons of Arvind Kumar is simple in nature. Learned Senior Counsel has also submitted that the other co-accused persons have already been granted anticipatory bail.

On the other hand, learned counsel for the informant has opposed the prayer for anticipatory bail by submitting that the anticipatory bail applications of co-accused Prahlad Kumar, Nitish Kumar and Karu Sah have already been rejected to which, learned Senior Counsel for the petitioner has replied that the co-accused persons whose bail applications have been rejected, were the author of the injuries which were found grievous in supplementary injury report though it was challenged by the petitioners.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class,

Patna High Court CR. MISC. No.38958 of 2025(4) dt.05-12-2025 3/3

Nawada in connection with Kauwakol P.S. Case No. 94 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of BNSS, 2023.

(Nawneet Kumar Pandey, J)

A.K.V.//- U T