Patna High CourtCR. MISC./86098/2025bail granted

Badal Kumar @ Viveka Nand Kumar v. The State Of Bihar

2026-01-15Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86098 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- VAINI District- Samastipur ====================================================== Badal Kumar @ Viveka Nand Kumar S/o- Umesh Poddar Village- Nirpur Ward No- 5 PS- Karpurigram District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Waini P.S. Case No. 37 of 2025, instituted for the offences under Sections 308(3), 308(5), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 Arms Act.

3. Prosecution case, in short, is that the informant was shot at by the petitioner and co-accused Aman Kumar @ Kargil, who were pillion riders, while co-accused Hemant Kumar was driving the vehicle, however, the same was mis-fired. The coaccused Aman Kumar threatened the informant for dire consequences.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.86098 of 2025(2) dt.15-01-2026 2/3 incriminating articles were recovered from the possession of the petitioner. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. The other co-accused person has been granted bail by a co-ordinate Bench of this Court vide order dated 17.11.2025 passed in Criminal Miscellaneous No. 61438 of 2025. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.07.2025 and has four criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Waini P.S. Case No. 37 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.86098 of 2025(2) dt.15-01-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T