Vikash Kumar @ Vikash Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Vikash Kumar @ Vikash Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on bail in the event of arrest or surrender before the court below within four weeks of receipt/production of the order copy, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Daudnagar, in connection with Goh P.S. Case No. 250 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be an own/close family member of the petitioner.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Goh P.S. Case No. 250 of 2025 (alleged assault with a spade causing grievous injury and snatching of Rs. 4,500/-), should be released on pre-arrest bail.

Court's answer

The petitioner's pre-arrest bail application is allowed: he is to be released on bail in the event of his arrest or surrender before the court below within a period of four weeks from receipt/production of a copy of the order.

Ratio / Principle

Bail was granted on consideration of the nature of the accusation qua the injury, the factum of a case and counter case, and the fair antecedent of the petitioner.

Detailed headnote1 paragraphs

Pre-arrest bail allowed — Patna High Court (Harish Kumar, J.), Criminal Miscellaneous No. 78916 of 2025, order dated 17-12-2025. Petitioner Vikash Kumar @ Vikash Yadav, apprehending arrest in Goh P.S. Case No. 250 of 2025 (District Aurangabad) registered under Sections 126(2), 115(2), 109(1), 352, 351(2), 303(2) and 3(5) of the BNS, 2023 for alleged assault with a spade on the informant's head and snatching of Rs. 4,500/- on the exhortation of co-accused Balchand Yadav, was ordered to be released on bail in the event of arrest or surrender within four weeks, on bail bonds of Rs. 10,000/- with two like sureties before the Judicial Magistrate, 1st Class, Daudnagar, subject to Section 482(2) BNSS, 2023 conditions and with one bailor being an own/close family member. Bail granted on account of the nature of accusation qua the injury, existence of a case and counter case (Goh P.S. Case No. 253 of 2025 against the informant and others), and the petitioner's fair antecedents.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78916 of 2025

Arising Out of PS. Case No.-250 Year-2025 Thana- GOH District- Aurangabad

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

Vikash Kumar @ Vikash Yadav Son of Not given R/o Village- Dulahbigha, P.S.- Goh, District- Aurangabad, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Murli Dhar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 17-12-2025

Heard the learned Advocate for the petitioner and the

learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Goh P.S. Case No. 250 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 352, 351(2), 303(2) and 3(5) of the BNS, 2023.

The allegation against the petitioner is of causing assault by means of spade over the head of the informant, besides snatching of Rs. 4,500/-, on the exhortation made by coaccused Balchand Yadav.

Learned Advocate for the petitioner submitted that the parties are agnates and on account of a land dispute, they entered into a scuffle, resulting into some unfortunate injuries. Moreover, there is a counter version of the present case being

Patna High Court CR. MISC. No.78916 of 2025(2) dt.17-12-2025 2/3

Goh P.S. Case No. 253 of 2025, instituted against the informant and others. In the said incidence, the petitioner also sustained injury. So far the injury, which is allegedly sustained to the informant is concerned, though the same is found to be grievous in nature, but sustained over the second metacarpal bone of the left hand and, as such, it is on non vital part. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.

On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that there is a specific allegation against the petitioner of causing assault, leading to grievous injury.

Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the nature of accusation qua the injury, besides the factum of case and counter case and the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - 1^st Class,

Patna High Court CR. MISC. No.78916 of 2025(2) dt.17-12-2025 3/3

Daudnagar in connection with Goh P.S. Case No. 250 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

shivank/-

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