Vimal Kumar @ Bimal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70343 of 2025 Arising Out of PS. Case No.-15 Year-2006 Thana- RAMGARHWA District- East Champaran ====================================================== Vimal Kumar @ Bimal Kumar S/o Ramsohan Kuer R/o Village- Binodpur, P.S.- Mufassil, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025 I.A. No.01 of 2025 In view of paragraph no.3 of the interlocutory application, learned counsel for the petitioner is permitted to make necessary corrections in the parentage of the petitioner.
2. I.A. No.01 of 2025 stands disposed of.
Cr. Misc. No. 70343 of 2025
3. Heard learned counsel for the petitioner and learned APP for the State.
4. . A prayer for bail has been made on behalf of the petitioner in connection with Ramgarhwa P.S. Case no.15 of 2006 registered under section 414 of the Indian Penal Code and Section 20B, 22, 23 and 24 of the NDPS Act.
5. The present case is that of misuse of privilege of
Patna High Court CR. MISC. No.70343 of 2025(3) dt.18-11-2025 2/3 bail which was granted by the High Court on 07.09.2006 but the petitioner stopped doing pairvi of the case since 2009 whereafter non-bailable warrants were issued on 18.12.2016 and the trial of the other accused was separated in the year 2019. Further, the petitioner was declared absconder on 28.11.2023 and thereafter permanent warrants were issued on 24.04.2024 and he was arrested on 23.07.2025.
4. Learned counsel for the petitioner submits that due to communication gap and also on account of mistake on behalf of his pairvikar, non-bailable warrants were issued and the consequent misuse of bail has occurred. It is further submitted by way of I.A. No. 01 of 2025 that father of the petitioner has already expired and his mother is an old widow aged about 90 years suffering from various ailments and hence, petitioner who is in custody since 23.07.2025 be released on bail. The petitioner undertakes to fully co-operate in the trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the basis of allegations made in the F.I.R and also on the ground of misuse of bail.
6. Taking into consideration the above mentioned facts of the case and also considering the fact that petitioner is in custody since 23.07.2025 and undertakes to co-operate in the
Patna High Court CR. MISC. No.70343 of 2025(3) dt.18-11-2025 3/3 trial, the petitioner is directed to be enlarged on bail in connection with Ramgarhwa P.S. Case no.15 of 2006 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 concerned where the case is pending/Successor Court, subject to the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the trial and would make himself available before the concerned trial Court on each and every date, failing which the learned trial Court would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J) Harsh/- U T