Nirmal Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50228 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- NARAINPUR District- Bhojpur ====================================================== Nirmal Pandey S/o Late Devmuni Pandey Village and Post- Chasi, PSNarayanpur, Distt.- Bhojpur (Ara) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2025 Heard Mr. Ajay Kumar Sinha, learned counsel for the petitioner duly assisted by Mr. Vivek Kumar Pandey and the State.
2. The petitioner is in custody in connection with Narainpur P.S. Case No. 26 of 2025 for the offence punishable under Sections 64(1), 62, 115(2), 352 and 351(2) of the BNS lodged on 02.04.2025 by the informant, Munni Devi.
3. As per the prosecution story, the informant alleged that while she alongwith her sister-in-law had gone out to attend the nature's call, the petitioner not only tried to outrage her modesty but also resorted to scuffle which made lose Rs. 80,000/- worth gold chain. This led to the FIR.
4. Learned counsel for the petitioner submits that for the said alleged act, he has already suffered by being in custody
Patna High Court CR. MISC. No.50228 of 2025(2) dt.11-08-2025 2/3 since 02.04.2025 having no criminal antecedent, if granted bail, he shall be diligently appearing in trial and under no circumstance, shall be found anywhere near the lady and/her family members.
5. Learned APP opposes the prayer for bail submitting that allegation is there against the petitioner.
6. Taking into account the submission of the parties as also his period of custody coupled with the fact that he has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Narainpur P.S. Case No. 26 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.50228 of 2025(2) dt.11-08-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T