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Patna High CourtCR. MISC./26135/2025bail granted

Vishal Kumar @ Vikki Kumar @ Vishal Anand v. The State Of Bihar

2026-02-25Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26135 of 2025 Arising Out of PS. Case No.-146 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== Vishal Kumar @ Vikki Kumar @ Vishal Anand S/o Ramashraya Paswan R/o Village- Nepura, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72412 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== Ramashray Paswan S/o Late Kesho Paswan R/o Village- Nepura, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 26135 of 2025) For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate : Ms.Vaishnavi Singh, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP (In CRIMINAL MISCELLANEOUS No. 72412 of 2024) For the Petitioner/s :

Mr. Ajay Kumar Thakur, , Advocate Ms.Vaishnavi Singh, Advocate For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-02-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioners, Ms.Indu Kumari Srivastava, learned Additional Public Prosecutor for the State (In CRIMINAL MISCELLANEOUS No. 26135 of 2025) and Ms.Asha Devi, learned Additional Public Prosecutor for the State (In

2/4 CRIMINAL MISCELLANEOUS No. 72412 of 2024).

2. The petitioners are apprehending their arrest in connection with Asthawan P.S. Case No.146 of 2024, dated 27.06.2024 registered for the offences punishable under Sections 366(A)/34 of IPC.

3. The allegation in the FIR is that the informant's daughter aged about 14 years has been enticed away by a covillager Vikky Kumar @ Vishal Kumar, son of the present petitioner.

4. Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. The victim was recovered and her statement was recorded under Section 183 BNSS, 2023 in which she has not supported the case of the prosecution and she has stated that she has gone with petitioner, namely, Vishal Kuma @ Vikky Kumar @ Vishal Anand with her own sweetwill and she has not stated anything about the petitioners.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts, petitioners have

3/4 clean antecedent and the victim has not supported the case of the prosecution in her statement under Section 183 of BNSS, 2023, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Asthawan P.S. Case No.

146 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at

4/4 any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T