Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69133 of 2025 Arising Out of PS. Case No.-319 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Vishal kumar S/o Panjabi Yadav @ Panjabi Ray Resident of village - Amwa, P.S.- Jharokhar, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Chhatauni P.S. Case No. 319 of 2025 registered for the alleged offences under Sections 115(2), 117(2), 109, 132 and 262 of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, while the petitioner was being taken to Motihari Civil Court for production in connection with Jharkhar P.S. Case No. 78 of 2025, he pushed away the constable-informant from the Auto and fled away on the motorcycle of co-accused Sajid Ansari. The informant received injuries and his left leg got fractured.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.69133 of 2025(4) dt.06-01-2026 2/3 case. Learned counsel further submits that there was no intention to cause death of the informant and for this reason, there could be no application of Section 309 of BNS. Except Section 132 of BNS, other offences are bailable in nature. Learned counsel further submits that the petitioner is in custody since 05.06.2025 and charge-sheet has been submitted. The petitioner is having antecedent of one case in which he has been granted bail.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/court concerned in connection with Chhatauni P.S. Case No. 319 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.69133 of 2025(4) dt.06-01-2026 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T