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

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

What the court decided

AI extract

Outcome

Anticipatory bail: release on arrest or surrender within four weeks upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each before the learned Special Judicial Magistrate Railway, Arrah, subject to Section 482(2) Bharatiya Nagrik Suraksha Sanhita, 2023 conditions, with one bailor to be an own/close family member of the petitioner.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Buxar Rail Thana Case No. 8 of 2024 (offences punishable under Sections 147/148/149/323/324/326/307 IPC), should be released on anticipatory bail.

Court's answer

The petitioner abovenamed 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

Release is conditional on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judicial Magistrate Railway at Arrah in connection with Buxar Rail P.S. Case No. 8 of 2024.

Key takeaways

Bail is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.ratio¶21
Further condition imposed that one of the bailors shall be an own/close family member of the petitioner.ratio¶21
Bail granted having regard to the parties' submissions, the nature of accusation, the simple injury sustained to the informant, and the suspected identification of the petitioner at the behest of the local Chowkidar.ratio

Detailed headnote1 paragraphs

Anticipatory bail granted (Honourable Mr. Justice Harish Kumar, oral order, 02-12-2025). Vikash Kumar, apprehending arrest in Buxar Rail Thana Case No. 8 of 2024 — offences punishable under Sections 147/148/149/323/324/326/307 IPC following an alleged assault on the informant inside a train coach with lathi, knife and danda — was directed to be released on bail in the event of arrest or surrender before the court below within four weeks. The Court relied on the nature of the accusation, the simple injury sustained to the informant, and the petitioner's suspected identification at the behest of the local Chowkidar; counsel noted the absence of any Test Identification Parade and that the petitioner, though bearing one criminal antecedent, is on bail therein. Conditions: bail bonds of Rs.10,000/- with two sureties of the like amount each before the learned Special Judicial Magistrate Railway, Arrah; compliance with Section 482(2), Bharatiya Nagrik Suraksha Sanhita, 2023; and one bailor to be an own/close family member of the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81468 of 2025

Arising Out of PS. Case No.-8 Year-2024 Thana- BUXAR RAIL P.S. District- Bhojpur

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

Vikash Kumar S/o Rang Bahadur Prasad Resident of - Ward no. 10, Pandeya Patti, P.S - Buxar, District - Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar For the Opposite Party/s : Mr.Nitya Nand Tiwary ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 02-12-2025 Heard the parties.

The petitioner apprehends his arrest in connection

with Buxar Rail Thana Case No. 8 of 2024, registered for the offences punishable under Sections 147/ 148/ 149/ 323/ 324/ 326/ 307 of the Indian Penal Code.

On the fateful day, while the informant was returning from Mugalsarai after completion of work through train, in the meanwhile, all the accused persons entered in the Coach and brutally assaulted to the informant by means of lathi, knife and danda and subsequently get off from the train.

Learned Advocate for the petitioner submitted that the FIR has been instituted against unknown miscreants, however, later on, the name of the petitioner transpired on the disclosure made by the local Chowkidar. The petitioner has

Patna High Court CR. MISC. No.81468 of 2025(2) dt.02-12-2025 2/3

never been put on Test Identification Parade nor it has been disclosed by the informant as to in what manner the petitioner participated in the crime. Moreover, the injury which has allegedly sustained to the informant is concerned, the same has been found to be simple in nature, as has been disclosed in the impugned order. The petitioner though bears one criminal antecedent, however he in on bail in the said case.

On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the the petitioner is one of the person, who has assaulted the informant by entering into a train coach.

Regard being had to be submissions made on behalf of the parties and considering the nature of accusation, coupled with the simple injury sustained to the informant, besides the suspected identification of the petitioner at the behest of the local Chowkidar, let the petitioner abovenamed 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 Special Judicial Magistrate Railway at Arrah in connection with Buxar Rail P.S. Case No. 8

Patna High Court CR. MISC. No.81468 of 2025(2) dt.02-12-2025 3/3

of 2024, 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)

Anjani/-

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