Vishal Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Vishal Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail allowed; petitioner to be enlarged on bail upon arrest/surrender before the court below within eight weeks, on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, East Champaran, Motihari, in connection with Turkauliya P.S. Case No. 294 of 2025, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Turkauliya P.S. Case No. 294 of 2025 registered for the stated offences under the Bharatiya Nyaya Sanhita, should be granted anticipatory bail.

Court's answer

Anticipatory bail of the petitioner is allowed, considering the backdrop of the case, nature of accusation, clean antecedent and other facts and circumstances of the case.

Ratio / Principle

In the event of the petitioner's arrest or surrender before the court below within a period of eight weeks, he is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, East Champaran, Motihari, in connection with Turkauliya P.S. Case No. 294 of 2025.

Key takeaways

The grant of bail is made subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶20

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED - Patna High Court (Prabhat Kumar Singh, J.), Criminal Miscellaneous No. 21139 of 2026, order dated 05-05-2026: Vishal Kumar, apprehending arrest in Turkauliya P.S. Case No. 294 of 2025 (East Champaran) registered for offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109, 352, 303(3), 75(2), 76 and 3(5) of the Bharatiya Nyaya Sanhita, was granted anticipatory bail. The FIR (incident dated 17.06.2025, about 5 PM) alleged that the named accused entered the informant's house armed with lathi, danda, farsa, iron rod, tangi and dab, and that on the order of co-accused Kapildeo Bhagat the petitioner along with co-accused Ravindra Bhagat repeatedly assaulted the informant's son on the head with a farsa. Counsel for the petitioner argued that the allegation was general and omnibus, that the FIR was lodged after an inordinate delay of about three days, that there existed a case and counter case, and that police had after investigation submitted a final form against the petitioner and others; the petitioner claimed clean antecedents. Considering the backdrop of the case, the nature of accusation, clean antecedent and other facts and circumstances, the Court ordered that in the event of arrest or surrender before the court below within eight weeks the petitioner be enlarged on bail on a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, East Champaran, Motihari, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21139 of 2026

Arising Out of PS. Case No.-294 Year-2025 Thana- TURKAULIYA District- East

Champaran

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

Vishal Kumar S/o Ravindra Bhagat R/o Village - Semra Bhola Tola, P.STurkauliya, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 05-05-2026

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for

the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109, 352, 303(3), 75(2), 76, 3(5) of the Bharatiya Nyaya Sanhita.

As per F.I.R., on 17.06.2025 at about 5 PM, all the named accused persons entered the house of informant, armed with lathi, danda, farsa , iron rod, tangi, dab . On the order of coaccused Kapildeo Bhagat, this petitioner along with co-accused Ravindra Bhagat repeatedly assaulted on the head of the son of informant with farsa .

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Allegation

Patna High Court CR. MISC. No.21139 of 2026(2) dt.05-05-2026 2/2

of assault is general and omnibus. F.I.R. has been lodged after inordinate delay of about three days which itself raises doubt over veracity of the prosecution case. Case and counter case. Police after investigation submitted final form against petitioner and others. Petitioner claims clean antecedent.

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

Considering backdrop of the case, nature of accusation, clean antecedent and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya P. S. Case No. 294 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Navya/-

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