Allowed¶17

Vicky Kumar v. The State of Bihar

Patna HC27 Aug 2025CR. MISC./55880/2025

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No.55880 of 2025; decided 27-08-2025; Dr. Anshuman, J. Anticipatory bail under Section 482 BNSS 2023 granted for Ahiyapur P.S. Case No.1710 of 2023, Muzaffarpur, Section 302/34 IPC; FIR against five named accused; petitioner claims clean antecedents and parity with co-accused bailed in Cr. Misc. No.75229 of 2024 (order dt. 29.01.2025); bail bond Rs.30,000/- per Section 2(1)(d) BNSS; Section 482(2) BNSS conditions; antecedent verification by Trial Court; CJM Muzaffarpur.

What did the court decide?

Anticipatory bail granted: release in the event of arrest or surrender within 4 weeks, on bail bond of Rs.30,000/- to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, subject to Section 482(2) BNSS conditions and an antecedent-verification condition. ¶17

Vicky Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Section 482 of the BNSS, 2023 should be granted to the petitioner, who apprehends arrest in connection with Ahiyapur P.S. Case No.1710 of 2023 lodged under Section 302/34 IPC, given his claimed clean antecedents and parity with a co-accused already bailed.

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Court's answer

Petitioner ordered to be released on anticipatory bail in the event of arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs.30,000/- (per Section 2(1)(d) BNSS, 2023) to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, subject to conditions laid down under Section 482(2) BNSS, 2023.

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Ratio / Principle

Additional condition: Trial Court to verify the petitioner's criminal antecedents; if concealment of antecedents is found at any stage, the Trial Court shall take steps for cancellation of the bail bond; however, acceptance of bail bonds in terms of the order shall not be delayed for, or in the name of, such verification.

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Detailed headnote1 paragraphs

Anticipatory bail granted under Section 482 BNSS, 2023 to a petitioner named among five accused in Ahiyapur P.S. Case No.1710 of 2023 (Section 302/34 IPC, deceased found with neck, hand and leg cut by sharp cutting weapons). Counsel pleaded clean antecedents, absence of eyewitnesses, and parity with a co-accused bailed by a coordinate Bench (order dt. 29.01.2025 in Cr. Misc. No.75229 of 2024), which the APP conceded. Release ordered on surrender/arrest within 4 weeks, bail bond of Rs.30,000/- (Section 2(1)(d) BNSS) before CJM Muzaffarpur, subject to Section 482(2) conditions; Trial Court to verify antecedents, with bond-cancellation steps on concealment, but acceptance of bonds not to be delayed pending verification.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55880 of 2025

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Arising Out of PS. Case No.-1710 Year-2023 Thana- AHIYAPUR District- Muzaffarpur

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

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Vicky Kumar Son of Shankar Sahani R/O Village - Karapur, @Bochahan, P.S.- Bochahan, Dist.- Muzaffarpur

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Versus

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The State of Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 27-08-2025

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Heard Learned Counsel for the petitioner and

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Learned APP for the State.

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The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Ahiyapur P.S. Case No.1710 of 2023, lodged on 18.12.2023, under Section 302/34 of the Indian Penal Code.

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As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner. The informant’s wife has disclosed that her husband went with these named five persons in the evening of 17.12.2023 and in the night her husband did not return, but subsequently on the next

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Patna High Court CR. MISC. No.55880 of 2025(2) dt.27-08-2025 2/3

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day her husband’s dead body was found. Thereafter, the FIR has been lodged. The vein of neck, hand and leg were cut by sharp cutting weapons.

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Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the antecedent of the petitioner is clean and only and only on the basis of suspicion the petitioner’s name has been inserted in this case. Counsel submits that there is no eyewitness in this case. He further submits that one of the coaccused has been granted bail by a coordinate Bench of this Court vide order dated 29.01.2025 passed in Cr. Misc. No.75229 of 2024. Counsel submits that case of the petitioner is on better footing than the co-accused as the co-accused has seven criminal antecedents but petitioner’s antecedent is clean.

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Learned APP for the State opposes the prayer for bail of the petitioner but submits that it is true that co-ordinate Bench of this Court has granted bail to the co-accused vide order dated 29.01.2025 passed in Cr. Misc. No.75229 of 2024 (Annexure-P/2).

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In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court

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Patna High Court CR. MISC. No.55880 of 2025(2) dt.27-08-2025 3/3

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below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1710 of 2023, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

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And further condition that the Trial Court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the Trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.

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(Dr. Anshuman, J)

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Mkr./-

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U T

Vicky Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vicky Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Cases cited

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Parties & counsel

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