Vivekanand Singh @ Vivekanand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2545 of 2026 Arising Out of PS. Case No.-189 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.
Vivekanand Singh @ Vivekanand Kumar S/O Late Kusheshwar Singh R/O Village- Shobhni, P.S- Surajgarha, Distt.- Lakhisarai. 2.
Manohar Kumar @ Sachidanand Kumar S/o Late Kusheshwar Singh R/O Village- Shobhni, P.S- Surajgarha, Distt.- Lakhisarai. 3.
Vinod Kumar Singh S/O Late Kusheshwar Singh R/O Village- Shobhni, P.SSurajgarha, Distt.- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Piri Bazar P.S. Case No. 189 of 2021 registered for the offences under Sections 406, 419, 420, 34 of the I.P.C.
3. The prosecution case is to the effect that the petitioners misappropriated the amount of the informant and neither returned the same nor executed the sale deed in favour of the informant and when the informant demanded his money back, he was abused.
4. Learned counsel for the petitioners submits that the
2/4 petitioners are retired persons and they have falsely been implicated in the present case at the behest of their cousin, namely, Gopal Kumar in order to settle personal scores as they have received the land from their maternal grandfather. It has further been submitted that no agreement was ever entered into with the informant and the payment is said to have been made through the purchaser, namely, Rajiv Ranjan @ Barun Kumar and the same has been shown only in order to falsely implicate the petitioners. It is further submitted that only one entry of a sum of Rs. 86,000/- has been shown to have been made on behalf of the informant of the present case. It has lastly been submitted that the petitioners carry clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Piri Bazar P.S. Case
3/4 No. 189 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall
4/4 not be delayed for purpose of or in the name of verification.
7. Accordingly, the present application stands disposed of.
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U