Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23701 of 2025 Arising Out of PS. Case No.-180 Year-2024 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.

Vijay Kumar S/o Rama Rai R/o vill - Sahdullapur Tola Baghmarwa, P.S.- Ganga Bridge, Distt.- Vaishali 2.

Rohit Kumar S/o Rama Rai R/o vill - Sahdullapur Tola Baghmarwa, P.S.- Ganga Bridge, Distt.- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Ganga Bridge P.S. Case No. 180 of 2024, dated 05.09.2024, lodged under Section 329(3), 127(1), 115(2), 118(1), 303(2), 352, 74, 3(5) & added Sections 126(2), 109, 351(2) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023") and Section 27 of the Arms Act.

3. As per the prosecution, FIR has been lodged against five named accused persons, including the present petitioners. The specific allegation against the petitioners is that they snatched a gold chain and a briefcase which contained some

Patna High Court CR. MISC. No.23701 of 2025(2) dt.05-05-2025 2/3 expensive items and cash.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that from the contents of the FIR, it becomes crystal clear that there is a two days delay in lodging the FIR, the date of occurrence is 03.09.2024, whereas the FIR was lodged on 05.09.2024. Counsel further submits that the entire allegation is false and all family members have been made accused. Counsel also submits that both the petitioners and the informant are residents of the same village and are well known to each other, and due to a petty dispute, the petitioners' names have been inserted in this case. Counsel fairly submits that the criminal antecedents of the petitioners are not clean, there is one criminal case pending against both petitioners, in which they are on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. As such, in the present facts and circumstances of this case, let the above named petitioners 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) each as

Patna High Court CR. MISC. No.23701 of 2025(2) dt.05-05-2025 3/3 mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Ganga Bridge P.S. Case No. 180 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. The petitioners are directed to produce proof before the Trial Court that they are not absconding in the cases pending against them, namely, Petitioner No. 1 in Ganga Bridge P.S. Case No. 145 of 2014, and Petitioner No. 2 in Ganga Bridge P.S. Case No. 97 of 2016.

(Dr. Anshuman, J.) Aman Kumar/- U T