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Patna High Court

VISHAL KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond and verification of antecedents.

Summary

Vishal Kumar was named in an FIR (Saharsa Rail P.S. Case No. 17 of 2025) for offences under Sections 313 and 317(5) of the Bharatiya Nyaya Sanhita, 2023, based solely on the statement of a co‑accused who was apprehended during a raid. The petitioner claimed innocence, arguing that no incriminating material was found on him, he was not arrested at the scene, and he has a clean antecedent. He applied for anticipatory bail, which the State opposed. The High Court, after considering the lack of direct evidence and the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 482(2) of the B.N.S.S., 2023, and directed the trial court to verify his antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in the absence of direct evidence.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S., 2023 are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 313
  • Section 317(5)
  • Section 482(2)
  • co‑accused statement
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15918 of 2026
                  Arising Out of PS. Case No.-17 Year-2025 Thana- SAHARSA RAIL P.S District- Khagaria
                 ======================================================
                 VISHAL KUMAR S/O LATE ANIL SAH @ ANIL KUMAR R/O Kajichak,
                 Jhitkiya, Near Fish Market, P.S.- Maheshkhunt, Dist.- Khagaria.

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Mohan Singh, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Saharsa Rail P.S. Case No. 17 of 2025 lodged on

                   22.03.2025, for the offence punishable under Sections 313 &

                   317(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   six named accused persons including the present petitioner. It

                   has been alleged in the FIR that upon secret information, the

                   police party reached near Baijyanathpur railway station and

                   conducted a raid, whereupon the suspected persons attempted to

                   flee, but one person was apprehended and upon search,

                   Rs.20,000/- cash and certain articles were recovered. The
Patna High Court CR. MISC. No.15918 of 2026(2) dt.25-03-2026
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          apprehended accused person disclosed the name of his

          associates including the petitioner.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the petitioner was neither arrested from the place of

          occurrence nor any incriminating article has been recovered

          from his possession. Counsel submits that there is no direct

          allegation against the present petitioner and his name has

          figured in this case on the basis of statement of the co-accused.

          He further submits that the petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on anticipatory bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial

          Magistrate, Khagaria, in connection with Saharsa Rail P.S. Case

          No. 17 of 2025, subject to the conditions as laid down U/s

          482(2) of the B.N.S.S., 2023.

                       7. The Trial Court is directed to verify the criminal
             Patna High Court CR. MISC. No.15918 of 2026(2) dt.25-03-2026
                                                         3/3




                       antecedent(s) of the petitioner, and in case, it is found at any

                       stage that the petitioner has concealed the fact about his criminal

                       antecedent(s), the Trial Court shall take steps for cancellation of

                       bail bond of the petitioner. However, the acceptance of the bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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