Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44487 of 2026 Arising Out of PS. Case No.-7 Year-2026 Thana- RAJGIR District- Nalanda ====================================================== 1.
Vijay Kumar S/o Binod Prasad @ Binod Kumar Resident of village- Thakur Asthan, P.S.- Rajgir, District- Nalanda 2.
Binod Prasad @ Binod Kumar S/o Laxmi Mahto Resident of village- Thakur Asthan, P.S.- Rajgir, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar No. I For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2026
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 316(2), 318(4), 126(2), 115(2), 352(2) and 3(5) of the BNS.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that about three years back, accused Vijay had purchased paddy worth Rs. 12 lakhs from him with an assurrance that the money would be paid within a month, but the money was not paid despite informant's best effort, further on 20.11.2025 the informant had gone to the house of the petitioners but was abused and ousted
Patna High Court CR. MISC. No.44487 of 2026(2) dt.23-07-2026 2/3 from the house by the accused persons.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the dispute is purely civil to which a criminal color has been given, it is also submitted that the informant alleges that Vijay had purchased paddy worth Rs. 12 lakhs form the informant but then in the instant FIR, the father of Vijay has also been implicated which amply demonstrates that father of Vijay has been implicated with an intent to coerce Vijay into submission, it is further submitted that if what is being alleged in the FIR is a correct fact in that event the informant ought to have moved before a Court of competent civil jurisdiction for recovering the money by filing a money suit but then instead of resorting to the procedure envisaged under law, the instant criminal case came to be instituted with an intent to coerce the petitioners into submission so that they part with the fanciful demands of the informant.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant oppose the prayer for anticipatory bail of the petitioners.
6. learned counsel appearing on behalf of the informant
Patna High Court CR. MISC. No.44487 of 2026(2) dt.23-07-2026 3/3 submits that an agreement was also entered in between the petitioner no. 1 and the informant but then the petitioner no. 1 resiled from the agreement the said submission of the learned counsel appearing on behalf of the informant is rebutted by the learned counsel appearing on behalf of the petitioners and submitted that if there was any agreement in that event the informant ought to have moved before a Court of competent civil jurisdiction where petitioner no. 1 would have appeared to contest the case.
7. After hearing learned counsel for the parties and taking into consideration the submissions made by the learned counsel appearing on behalf of the petitioners, let the petitioners, abovenamed, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Rajgir P.S. Case No. 07 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J) vikram/- U T