Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27006 of 2026 Arising Out of PS. Case No.-148 Year-2025 Thana- GHOSWARI District- Patna ====================================================== Vikash Kumar Son of Lalan Ram Resident of Village- Dhanakdobh, P.S.- Ghoswari, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Ghoswari P.S. Case No. 148 of 2025, dated 21.11.2025, lodged under Sections 126(2), 115(2), 308(3), 109(1), 117(2), 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").
3. As per the prosecution, an FIR has been lodged against five named accused persons, including the present petitioner. The specific allegation against the present petitioner is of assault and abuse.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the FIR has been lodged in two parts. The
Patna High Court CR. MISC. No.27006 of 2026(2) dt.22-04-2026 2/3 first part is dated 25.11.2025, relating to a demand of ransom of Rs. 2,00,000/-. Thereafter, on 20.11.2025, the initial allegation of assault was not against the petitioner but against three other co-accused persons. Subsequently, an allegation has been made against the petitioner that he, along with three others, came and abused and assaulted the informant's side. Counsel further submits that the criminal antecedent of the petitioner is not clean, as there is one criminal case pending against him. Counsel further submits that, in the FIR, only allegations of abuse and assault are made. No FIR had been lodged earlier regarding the alleged occurrence, and, with a view to develop the case, such allegations have been made.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that, for the occurrence dated 20.11.2025 which resulted in the filing of the FIR, the allegation is of abuse.
6. As such, 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 Trial Court 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
Patna High Court CR. MISC. No.27006 of 2026(2) dt.22-04-2026 3/3 satisfaction of Sub-Divisional Judicial Magistrate, Barh, in connection with Ghoswari P.S. Case No. 148 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023 with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall not abscond in connection with Ghoswari P.S. Case No. 43 of 2025.
(Dr. Anshuman, J.) Aman Kumar/- U T