Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2786 of 2026 Arising Out of PS. Case No.-106 Year-2025 Thana- MUSRIGHRARI District- Samastipur ====================================================== Vishal Kumar, Son of Digvijay Kumar Singh @ Digvijay Prasad Singh, R/o Village - Bathua Bujurg, Ward No. 15, P.S. - Musrigharari, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Kumar Sinha, Advocate Mr. Ranjeet Patel, Advocate For the Opposite Party/s :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Musrigharari P.S. Case No. 106 of 2025 registered for the offences punishable under Sections 127(2), 115(2), 118(1), 303(2), 308(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. On the fateful night, three named accused persons, including the petitioner, along with 4-5 unknown persons riding on three motorcycles came to the shop of the informant and assaulted him. It is specifically alleged that co-accused Aman Kumar tried to press the neck of the informant. In the meanwhile, this petitioner by putting a pistol snatched golden chain. There is further allegation against the other accused
Patna High Court CR. MISC. No.2786 of 2026(2) dt.04-02-2026 2/3 persons of taking away Rs.1,50,000/-, which was kept in the shop.
4. Learned Advocate for the petitioner submitted that on account of previous animosity, the name of the petitioner has been implicated in this case. Moreover, in the said occurrence, the informant has not sustained any injury. This fact stands fortified from the impugned order that despite the repeated direction of the learned Sessions Judge, the Investigating Officer has failed to produce the injury report. So far the allegation of snatching of valuable is concerned, the same is superfluous only in order to make the crime grievous in nature. The petitioner though bears one criminal antecedent, however, he is on bail in the said case and he undertakes that he will fully cooperate in the proceeding of the court.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that there is specific accusation against the petitioner of snatching golden chain and cash amount.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the nature of accusation, coupled with the fact that the investigating officer failed to produce the injury report, besides
Patna High Court CR. MISC. No.2786 of 2026(2) dt.04-02-2026 3/3 the undertaking of the petitioner, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Musrigharari P.S. Case No. 106 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further following conditions: (a) One of the bailors shall be the own/close relative of the petitioner.
(b) If the petitioner is found indulged in intimidating and threatening the informant and the witnesses, the State and the informant shall be at liberty to file an application before the jurisdictional court for cancellation of the bail bonds. (Harish Kumar, J) uday/- U T