Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32351 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Vinay Kumar Son of Dharmanand Ram Resident of village-Mahammadpur, P.S- Kesharia, District- East Champaran, Motihari at present Mohalla- B.N.R. Road Alamganj P.S.-Alamganj, District- Patna Petitioner ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ms X Daughter of Rajendra Paswan X ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner is apprehending arrest in connection with Malsalami P.S. Case No. 32 of 2025 lodged on 21.01.2025, for the offence punishable under Sections 316(2), 318(4), 69, 352, 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. It has been alleged in the FIR that the petitioner and his younger brother in connivance with each other have cheated huge money from the informant and allegation of blackmail has been made against the younger brother of the petitioner in the FIR. In the

Patna High Court CR. MISC. No.32351 of 2025(3) dt.13-08-2025 2/3 said blackmail, the direct involvement of the petitioner has also been alleged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the informant is major and basically working in Bihar Police. Counsel submits that the petitioner has unnecessarily been made accused in this case and the relation was developed between the informant and petitioner's younger brother due to which, transaction of money took place between them in which the informant felt cheated later on when she demanded her money. Counsel submits that whatever be the allegation made in the FIR, it is against the younger brother of the petitioner and not against the petitioner save and except, allegation of conspiracy is against the petitioner. Counsel further submits that the petitioner has no criminal antecedent.

5. Learned counsel appearing for the informant vehemently opposes the prayer for bail and submits that the petitioner and his younger brother in connivance with each other have cheated huge money from the informant and also blackmailed her due to which present case has been lodged and in commission of offence, there is a direct involvement of petitioner.

Patna High Court CR. MISC. No.32351 of 2025(3) dt.13-08-2025 3/3

6. Learned APP for the State opposes the prayer for bail of the petitioner but submits that the allegation is against the younger brother of the petitioner.

7. As such, 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, Patna City, in connection with Malsalami P.S. Case No. 32 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T