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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing a bail bond of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai (printed 'Lakhisrai'), in connection with Kabiya P.S. Case No. 04 of 2025, subject to the conditions under Section 482 B.N.S.S., with the further condition that one of the bailors should be a close relative of the petitioner.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Kabiya P.S. Case No. 04 of 2025 for the offences under Sections 126(2), 115(2), 118(1), 110, 351, 352 and 3(5) of the BNS, should be extended the privilege of anticipatory bail.

Ratio / Principle

Keeping in view the aforesaid facts, the Court extended to the petitioner the privilege of anticipatory bail.

Key takeaways

The petitioner is to be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of the order.ratio¶19
Release is conditional on furnishing a bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai (spelled 'Lakhisrai' as printed).ratio¶19
The bail is made subject to the conditions laid down under Section 482 of the B.N.S.S.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Vijay Kumar v. The State of Bihar (Patna High Court, CRIMINAL MISCELLANEOUS No.51038 of 2025, oral order dated 15-11-2025, S. B. Pd. Singh, J). Petitioner apprehended arrest in Kabiya (Thana Kavaiya) P.S. Case No. 04 of 2025, District Lakhisarai, for offences under Sections 126(2), 115(2), 118(1), 110, 351, 352 and 3(5) BNS, arising from an alleged 03.01.2025 (approx. 8:00 PM) incident in which neighbours allegedly dragged the informant out of his house, beat him with a rod and threatened him, and later verbally abused and threatened his sister-in-law. Counsel urged false implication with ulterior motive, co-villager/next-door-neighbour status, a scuffle between female members over a petty dispute, general and omnibus allegations against all accused, and a simple abrasion injury on the right side of the neck per case-diary para 29; the learned APP opposed. Keeping the aforesaid facts in view, the Court extended anticipatory bail: release on arrest or surrender within four weeks, bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, subject to Section 482 B.N.S.S. conditions, one bailor to be a close relative of the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51038 of 2025

Arising Out of PS. Case No.-4 Year-2025 Thana- Kavaiya District- Lakhisarai

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

Vijay Kumar S/o Anil Ram Resident of Village - Kabaiya Road, Vyayamshala Gali, Ward No. 32, P.S. - Kabaiya, District - Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

3 15-11-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is apprehending his arrest in connection with Kabiya P.S. Case No. 04 of 2025 for the offence under Sections 126(2), 115(2), 118(1), 110, 351, 352 and 3(5) of of the BNS.

As per the prosecution story, the informant has alleged that on 03.01.2025, at approximately 8:00 PM, his neighbours allegedly dragged him out of his house. The accused then proceeded to beat him with a rod and also threatened him. Furthermore, when he went to the police station, the three accused reportedly returned to his house where they verbally abused him and his sister-in-law and gave further threatening to her.

Patna High Court CR. MISC. No.51038 of 2025(3) dt.15-11-2025 2/3

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to ulterior motive and malafide intention. It is a matter of fact that both parties are co-villagers and next door neighbour on account of some petty dispute, on the alleged date of occurrence, some scuffle took place between the female members of both sides. Learned counsel further submits that there is general and omnibus allegations levelled against all the accused persons of assaulting the victim informant on the alleged date and time of occurrence after taking him out from his house. The injury report has been reproduced in para 29 of the case diary which suggest that injured received abrasion on the right side of the neck and the nature of the injury is found to be simple.

Learned APP opposes the prayer for bail.

Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisrai, in

Patna High Court CR. MISC. No.51038 of 2025(3) dt.15-11-2025 3/3

connection with Kabiya P.S. Case No. 04 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., further

condition is that one of the bailors should be close relative of the petitioner.

(S. B. Pd. Singh, J)

Ankit Kumar/-

U T