Vikky Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.92000 of 2025 Arising Out of PS. Case No.-420 Year-2025 Thana- BARHARIA District- Siwan ====================================================== Vikky Kumar Pandey S/o Oshihar Pandey, Resident of Vill- Mohammadpur, P.S- Barhariya, Dist- Siwan.

... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Barhariya P.S. Case No. 420 of 2025 dated 16.08.2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 351(2) read with Section 3(5) of the B.N.S., 2023.

3. As per the prosecution case, petitioner and other co-accused persons brutally assaulted the brother of the informant and petitioner and co-accused Bittu Pandey stabbed him in ribs and on chest. They also snatched Rs. 3,000/- from pocket of the brother of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The statement of the victim

Patna High Court CR. MISC. No.92000 of 2025(3) dt.25-02-2026 2/3 was recorded by the police and in his statement, though the victim has named the petitioner who was present at the shop where he was stabbed by them, and when victim forbade them from doing so, they assaulted him with slaps and fists. The victim further stated that it was co-accused Bittu Pandey who stabbed him causing serious injury to him. Learned counsel further submits that the injury report also supports the statement of the victim as two stab wounds were found on the body of the victim, one stab wound on his left side of chest and the second wound on the right flank. The injury on the chest is stated to be grievous. Learned counsel further submits that the petitioner and other co-accused persons have been made accused with general and omnibus allegations. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 17.08.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the statement of the victim and also considering petitioner's clean antecedent, his period of custody and submission of

Patna High Court CR. MISC. No.92000 of 2025(3) dt.25-02-2026 3/3 chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan / concerned Court, in connection with Barhariya P.S. Case No. 420 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other 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, if so required by the learned trial Court.

(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) Shahnawaz/- U T