Vishal Kumar @ Vishal Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47944 of 2025 Arising Out of PS. Case No.-898 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Vishal Kumar @ Vishal Kumar Pandey, son of late Chiranjivi Kumar Pandey, resident of Mohalla- Sita Chowk, P.S- Hajipur Town, Distt.- Vaishali and Permanent Address- Village Lautan, P.S- Kartaha, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate.
For the State :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest in connection with Hajipur Town P.S. Case No. 898 of 2024, registered for the offences punishable under Sections 310(4), 310(5), 111, 61(2) of the Bhartiya Nyaya Sanhita, 2023, Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per allegation, on secret information, when the Police reached the place of occurrence, the persons assembled there, started fleeing away. Out of them, three persons, namely, co-accused Kunal Kumar @ Kunnu, Ujjawal Shrivastava @ Sannu and Sidhartha Kumar @ Golu were apprehended with
Patna High Court CR. MISC. No.47944 of 2025(2) dt.30-07-2025 2/3 loaded pistol and petitioner is said to have fled away.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that he had never assembled at the place of occurrence as alleged. His name has transpired only on the basis of suspicion.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph No.3 of the bail petition that the petitioner has been made accused in two other cases, out of them, in one, he is on bail.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below, in connection with Hajipur
Patna High Court CR. MISC. No.47944 of 2025(2) dt.30-07-2025 3/3 Town P.S. Case No. 898 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T