Vikash Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87747 of 2025 Arising Out of PS. Case No.-209 Year-2025 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Vikash Pandey Son of Ramyodhya Pandey @ Ayodhya Pandey R/o Village - Pande Karma, P.S. - Kasma, Dist. - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Magadh Medical P.S. Case No. 209 of 2025, registered for the offences punishable under Sections 309(6) of B.N.S., 2023 and Sections- 25(1-b) a, 26 and 35 of the Arms Act.
3. As per prosecution-case, the informant was present near Gulariyachak bridge with armed forces to maintain law and order. A confidential information was received that three miscreants had entered in Bihar Gramin Bank, Pandey Parsawan Branch with intention of robbing the bank. It is alleged that three persons were running away having country
2/4 made pistols in their hands and one of the accused was carrying a green colour bag and bank officials were trying to snatch the bag from the hands of the miscreants and with the help of villagers one person was apprehended with a country made pistol, a mobile and Rs. 50,000/-, who disclosed his name as Amit Kumar and two miscreants fled away. The apprehended accused disclosed the name of the present petitioner.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as alleged in the F.I.R. Except disclosure of co-accused, there is nothing on record to connect the petitioner with the occurrence. No incriminating article has been recovered from the possession of the petitioner. Petitioner has not been put on T.I.P. and the petitioner is in judicial custody since 19.07.2025. Charge-sheet has already been submitted and there is no likelihood of tampering with the evidence. Petitioner was not apprehended on spot and he was not present at the place of occurrence and, apart from that, petitioner is having no criminal antecedent. He further submits that, in the light of the allegation made in the F.I.R., it is a totally false case.
5. Learned A.P.P. vehemently opposed the prayer of bail and submitted that petitioner is one of the accused whose
3/4 name finds place in the F.I.R. and he cannot escape from the allegations made in the F.I.R. Hence, petitioner does not deserve bail.
6. Considering the facts and circumstances of the case, period of custody, charge-sheet has already been submitted, there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides, petitioner is having clean antecedent and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Gaya in connection with Magadh Medical P.S. Case No. 209 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or
4/4 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) K.C.Jha/- U T