Vivek Kumar @ Vivek Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31285 of 2026 Arising Out of PS. Case No.-25 Year-2026 Thana- AMBA District- Aurangabad ====================================================== Vivek Kumar @ Vivek Kumar Singh S/o Sanjay Kumar Singh R/o Village - Mudila @ Murila Road Amba, P.S. - Amba, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Ms. Sakshi Deep, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Amba P.S. Case No. 25 of 2026 for the offence under sections 132, 121(1), 121(2), 115(2), 117(2), 221, 222, 224, 324(3), 352 and 351(2) of the BNS lodged on 19.02.2026 by the informant, Suraj Kumar.
3. As per the prosecution story, the informant alleged that the petitioner-accused was apprehended in Amba P.S. Case No. 10/2026 but when he was brought to the Police Station, he started abusing and choose not to sign the arrest memo. As he was put in the lockup, he broke open the door, came out and when the Police tried to prevent him, they suffered injuries by
2/4 the hand of this petitioner. This followed the present FIR.
4. Learned Senior counsel for the petitioner has taken this Court to the Annexure-2 to show that the learned CJM, Aurangabad in its order dated 20.02.2026 gave the privilege of Section 35(3) of the BNSs, but now, that the charge-sheet has been submitted, he has come before this Court. The petitioner is ready to diligently appear in trial and shall not indulge in any criminal activity. Further, the submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant's side has alleged injuries, the petitioner on its own would like to contribute Rs. 5,000/- each to the two injured (Deepak Kumar and Suraj Kumar) (totalling Rs. 10,000/-) towards the medical assistance through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP opposes the prayer submitting that he created chaos in the Police station after being brought as an accused and he has criminal antecedent also.
6. Taking into account the submissions of the parties as also that earlier, the learned CJM gave him privilege of
3/4 Section 35(3) of the BNSs and now, when the charge-sheet has been submitted, he has promptly knocked the doors of Patna High Court, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 5,000/- each to the two injured (Deepak Kumar and Suraj Kumar) (totalling Rs. 10,000/-) as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India branch/any Nationalized bank branch to be submitted to the Trial Court.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Amba P.S. Case No. 25 of 2026 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
4/4 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T