Patna High Court
VISHAL KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 313, 317(5), 482(2)
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
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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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