Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15918 of 2026 Arising Out of PS. Case No.-17 Year-2025 Thana- SAHARSA RAIL P.S District- Khagaria ====================================================== VISHAL KUMAR S/O LATE ANIL SAH @ ANIL KUMAR R/O Kajichak, Jhitkiya, Near Fish Market, P.S.- Maheshkhunt, Dist.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Mohan Singh, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Saharsa Rail P.S. Case No. 17 of 2025 lodged on 22.03.2025, for the offence punishable under Sections 313 & 317(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioner. It has been alleged in the FIR that upon secret information, the police party reached near Baijyanathpur railway station and conducted a raid, whereupon the suspected persons attempted to flee, but one person was apprehended and upon search, Rs.20,000/- cash and certain articles were recovered. The
Patna High Court CR. MISC. No.15918 of 2026(2) dt.25-03-2026 2/3 apprehended accused person disclosed the name of his associates including the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner was neither arrested from the place of occurrence nor any incriminating article has been recovered from his possession. Counsel submits that there is no direct allegation against the present petitioner and his name has figured in this case on the basis of statement of the co-accused. He further submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Saharsa Rail P.S. Case No. 17 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
Patna High Court CR. MISC. No.15918 of 2026(2) dt.25-03-2026 3/3 antecedent(s) of the petitioner, and in case, it is found at any stage that the petitioner has concealed the fact about his criminal antecedent(s), the Trial Court shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of the bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J) Divyansh/- U T