Vishnu Bhagat @ Vishnu Kumar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85393 of 2025 Arising Out of PS. Case No.-316 Year-2017 Thana- TRIVENIGANJ District- Supaul ====================================================== Vishnu Bhagat @ Vishnu Kumar Bhagat Son of Indra Narayan Bhagat @ Munna Bhagat Resident of Village - Patarghati, P.S.- Triveniganj, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in connection with Session Trial No. 163 of 2018 arising out of Triveniganj P.S. Case No. 316 of 2017 registered for the alleged offences under Sections 341, 323, 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
03. It is a case of misuse of privilege of bail granted to the petitioner. The petitioner was granted bail by a learned Single Judge of this Court vide order dated 27.09.2018 passed in Criminal Misc. No. 44995 of 2018. The bail bond of the petitioner was cancelled on 06.11.2019/26.11.2019 for want of proper pairvi.
Patna High Court CR. MISC. No.85393 of 2025(2) dt.10-12-2025 2/3
04. Learned counsel for the petitioner submits that the petitioner undertakes not to misuse the privilege of bail if he is enlarged on bail by this Court and he further undertakes to remain present before the learned trial court on each and every date till the conclusion of trial. Learned counsel further submits that the petitioner had been staying outside the State for earning his livelihood. The petitioner was not properly guided by his learned counsel and the Covid-19 period intervened and, thereafter, the petitioner surrendered before the court concerned on 18.03.2025 and has been sufficiently penalized. The petitioner is having antecedent of four cases and is on bail in all such cases.
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, 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 Additional Sessions Judge-II, Supaul/court concerned in connection with Session Trial No. 163 of 2018 arising out of Triveniganj P.S. Case No. 316 of
Patna High Court CR. MISC. No.85393 of 2025(2) dt.10-12-2025 3/3 2017, 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 the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on a single date 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