Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86560 of 2025 Arising Out of PS. Case No.-379 Year-2025 Thana- KHAJANCHI HAT District- Purnia ====================================================== Vishal Kumar S/o Shivjee Prasad Jaiswal R/o Vill.- Giddha, P.S.- Rupauli, Dist.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-03-2026 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of K.Hat Police Station Case No. 379 of 2025, disclosing offences under Sections 126(2), 127(2), 115(2), 329(3), 324(4), 303(2), 76, 329(4), 326(f), 352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita and 27 of Arms Act.
3. The prosecution case, as per the First Information Report, is that the Incharge Principal of Rajkiya Polytechnic, Purnea, lodged an FIR alleging that on 15.09.2025 a female student of the Electrical branch complained that she was being called by mobile no. 7634050889 regularly by one Rishi Mishra. On the same
2/4 day, a group of outsider boys including Rishi Mishra and the petitioner (student of the college) entered the hostel premises and misbehaved with the girl students, and when objected by other students, they assaulted the college boys, threatened them with firearms, and snatched a mobile phone of one boy. Thereafter the college students apprehended Rishi Mishra and the petitioner and handed them over to the police, who released the petitioner after warning him. Later at about 11:00 PM, the petitioner returned to the college campus along with Mritunjay Yadav and another persons in a four-wheeler, allegedly assaulted the college students again, caused injuries, and opened fire in the hostel campus, upon which the college students retaliated and damaged Mritunjay Yadav's vehicle, leading to lodging of the present FIR, and it is further alleged that due to the said retaliation, the petitioner's vehicle was also damaged, for which his father lodged FIR bearing K.Hat P.S. Case No. 380 of 2025.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in the present case. From perusal of the FIR, it would be evident that the
3/4 informant's complaint is that one Rishi Mishra used to call her regularly while the mobile number mentioned in the FIR does not belong to the petitioner and the specific allegations of assault and firing in the college campus have been attributed to Rishi Mishra and Mritunjay Yadav, and no specific overt act has been alleged against the petitioner. Learned counsel further submits that the petitioner had merely gone to the college campus to vacate his hostel room, during which his vehicle was damaged by the students. The petitioner is a young student aged about 20 years, having no criminal antecedents.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that petitioner is a student aged about 20 years, having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
4/4 amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K.Hat Police Station Case No. 379 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J) Siwani/- U T