Bhopal Singh @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43560 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- HISUWA District- Nawada ====================================================== Bhopal Singh @ Vikash Kumar S/o Late Surajdev Prasad @ Sukhdeo Pd. Singh Resident of Village- Shambho Sarlahi, P.S.- Shambho, DistrictBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Adv.
For the State :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 310(2), 317(3) of the B.N.S. and Sections 25(1-B), 26 and 35 of the Arms Act.
3. The allegation in the FIR is that the petitioner had committed dacoity along with other accused persons and while committing so, had looted a bullet motorcycle of the informant on gun point.
4. Learned counsel for the petitioner submits that the FIR was filed against unknown and the name of the petitioner has transpired subsequently in the confessional statement of coaccused Goldy Singh @ Kumar Abhijyot who has already been
Patna High Court CR. MISC. No.43560 of 2025(2) dt.18-07-2025 2/3 granted bail by a co-ordinate Bench of this Court vide order dated 29.01.2025 passed in Cr. Misc. No. 79260 of 2024. It is further submitted that there is no recovery from the physical possession of the petitioner rather the recovery is said to have been made from the house of co-accused Maihar Kumar Singh and the said Maihar Kumar Singh has also been granted bail vide order dated 22.05.2025 passed in Cr. Misc. No. 9442 of 2025 on the ground that the said recovery has been made from an open place. It is next submitted that the petitioner has been languishing in custody since 09.08.2024 and the charge sheet has also been submitted in the present case.
5. Learned APP for the State, however, opposes the prayer for regular bail, besides others, on the ground that this petitioner has three criminal antecedents as mentioned in para 3 of the bail application. In response to the same, it is submitted on behalf of the petitioner that he is on bail in all three cases.
6. Considering the entire facts and circumstance of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hisua P.S. Case No.
Patna High Court CR. MISC. No.43560 of 2025(2) dt.18-07-2025 3/3 442 of 2024, subject to the following conditions that: (I) One of the bailors shall be a family member or a close relative of the petitioner, who would give an affidavit giving genealogy as to how he is related with the petitioner. (II) The petitioner shall remain physically present in the learned Court below on each and every date during trial till framing of charges and further cooperate in the trial. (III) The learned Court below shall verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the learned Court below shall take steps for cancellation of bail bonds of the petitioner. However, it is expected that the verification process would be done expeditiously without causing delay. (Soni Shrivastava, J) divyanshi/- U T