Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66925 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- HULASGANJ District- Jehanabad ====================================================== Vijay Kumar Son of Ram Awadhesh Prasad Resident of Village - Mahrogoriya, Police Station - Islampur, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s :
Ms. Shama Sinha, Advocate For the State :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-09-2025 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Hulasganj P.S. Case No. 15 of 2025 for the offences punishable under Sections 309(5), 317(3) of the B.N.S.S. and Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. According to prosecution case, on 15.01.2025, ASI Narayan Singh and a police team received information that three criminals had looted a tempo near RDAV Public School, Hulasganj, Jehanabad Road at gunpoint. The police spotted the tempo near Mangal Hotel where all the persons tried to flee. One accused, Pawan Kumar, was caught, while Vijay Kumar and Rakesh Kumar escaped. From Pawan Kumar, police
Patna High Court CR. MISC. No.66925 of 2025(2) dt.17-09-2025 2/3 recovered a loaded country-made pistol, two live cartridges, and also seized a mobile phone from the tempo.
4. Learned counsel for the petitioner submits that the name of this petitioner, though is mentioned in the F.I.R., but has surfaced on the basis of statement of one Pawan Kumar, who is in custody and from whose possession, the articles referred in the seizure list, is said to have been recovered, while search has been made of the premises of the petitioner, pursuant to the name taken by the co-accused Pawan Kumar and nothing incriminating is said to have been recovered from the house or possession of the petitioner.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances that nothing incriminating has been recovered from the possession of the petitioner, let the petitioner, above named, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Hulasganj P.S. Case No.15 of 2025, subject
Patna High Court CR. MISC. No.66925 of 2025(2) dt.17-09-2025 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T