Vikram Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Vikram Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed; petitioners, on arrest or surrender within eight weeks, to be enlarged on bail on a bail-bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur, subject to Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in Habibpur P.S. Case No. 61 of 2025 (registered for offences under Sections 126(2), 115(2), 324(4) (5), 308(3), 352, 351(2) (3) and 3(5) of the Bharatiya Nyaya Sanhita), deserve anticipatory bail.

Court's answer

Considering the nature of accusation, the dispute and the petitioners' clean antecedent, anticipatory bail is allowed to the petitioners.

Ratio / Principle

In the event of arrest or surrender before the court below within eight weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur, in connection with Habibpur P.S. Case No. 61 of 2025, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — ALLOWED. Petitioners apprehending arrest in Habibpur P.S. Case No. 61 of 2025 (District Bhagalpur), registered for offences under Sections 126(2), 115(2), 324(4) (5), 308(3), 352, 351(2) (3) and 3(5) of the Bharatiya Nyaya Sanhita, out of an allegation that they demolished the informant's boundary wall, fixed a gate in the passage, demanded Rs. 13 lacs and assaulted her on protest, were granted anticipatory bail. Counsel for the petitioners urged that the implication arose from a boundary dispute, the assault allegations were general and omnibus with no specific overt act attributed to any petitioner, the dispute was purely civil, and the petitioners had clean antecedents. Considering the nature of accusation, the dispute and the clean antecedent, the Court allowed anticipatory bail, directing that on arrest or surrender within eight weeks the petitioners be enlarged on bail on a bail-bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18511 of 2026

Arising Out of PS. Case No.-61 Year-2025 Thana- HABIBPUR District- Bhagalpur

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Vikram Kumar Son of Ashok Paswan @ Bonga Paswan Residents of Muhalla - Daudbat, P.S.- Habibpurt, District - Bhagalpur.

Akash Paswan @ Akashdeep Kumar Son of Late Mahesh Paswan @ Mahesh Chandra Paswan Residents of Muhalla - Daudbat, P.S.- Habibpurt, District - Bhagalpur.

Prince Kumar Son of Arbind Paswan Residents of Muhalla - Daudbat, P.S.Habibpurt, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s : Mr. Bharat Lal, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 02-04-2026

Heard learned counsel for petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 324(4) (5), 308(3), 352, 351(2) (3), 3(5) of the Bharatiya Nyaya Sanhita.

As per prosecution case, on 08.04.2025 at about 11 AM, when informant went to see her plot, she found that boundary wall was demolished and one gate was fixed by these petitioners in the passage and they demanded Rs. 13 lacs to pass through the gate and when informant protested, these petitioners abused and assaulted her.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.18511 of 2026(2) dt.02-04-2026 2/2

petitioners are innocent and have committed no offence. As a matter of fact, petitioners have falsely been implicated in this case due to boundary dispute between the parties. Allegation of assault is general and omnibus and there is no allegation of any specific overt act against these petitioners. Dispute involved in this case is purely civil in nature. Petitioners claim clean antecedent.

Learned A.P.P. for the State vehemently opposed the bail application.

Considering the nature of accusation, dispute and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Bhagalpur in connection with Habibpur P. S. Case No. 61 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Navya/- U T