Patna High Court
Vishal Kumar @ VishalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to a bond and conditions, as the compensation was paid and no criminal antecedent existed.
Summary
Vishal Kumar was implicated in a case where a vehicle he was driving allegedly damaged a transformer and contained liquor, leading to charges under Sections 281, 324(4), 324(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The loss to the transformer, estimated at Rs.28,586, was voluntarily deposited by the petitioner with the North Bihar Power Distribution Company Limited. The petitioner, having no prior criminal record, applied for bail, which the State opposed. The Court considered the full compensation already paid, the absence of antecedents, and the statutory provisions governing bail. It granted bail subject to a bond of Rs.10,000 with two sureties and specific conditions, including regular court appearances and non‑interference with witnesses. The order reflects the Court’s discretion under Section 482(2) of the Bharatiya Nyaya Sanhita to balance the interests of justice and the petitioner’s rights.
Issues considered
- Whether bail should be granted to the petitioner despite the pending charges under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act
- Whether the deposit of the full compensation for the transformer damage influences the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita — s. 281, 324(4), 324(5), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- criminal procedure
- compensation
- excise law
- transformer damage
- section 281
- section 324
- section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27484 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- VAISHALI District- Vaishali
======================================================
Vishal Kumar @ Vishal Son of Ranjit Tiwary Resident of Viillage Madarna
@ Gopinathpur, P.O. Madarna, P.S. - Vaishali, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Chandra Jha
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Vaishali (Belsar O.P.) P.S. Case No.71 of 2026,
dated 28.01.2026, registered for the offence punishable under
Sections 281, 324(4), 324(5) of the Bharatiya Nyaya Sanhita
and 30(a) of Bihar Prohibition and Excise (Amendment) Act,
2022.
3. The prosecution case is that, on 27.01.2026, a
Spresso Car bearing Registration No.BR06DD-9570 damaged a
transformer near the house of one Nageshwar Singh. Upon
reaching the place of occurrence, police found that the driver
had fled and the vehicle allegedly contained liquor. Allegedly,
the loss caused to the transformer was assessed at Rs.28,586/-.
Patna High Court CR. MISC. No.27484 of 2026(3) dt.13-05-2026
2/3
4. Pursuant to the order dated 01.05.2026, the
petitioner was voluntarily agreed to deposit the loss amount of
Rs.28,586/- to the North Bihar Power Distribution Company
Limited. Today, the learned counsel for the petitioner has
produced a receipt showing deposit of the amount to the tune of
Rs.28,586/- with North Bihar Power Distribution Company
Limited, which is kept on record at Flag ‘X’.
5. Learned APP for the State has opposed the
prayer for bail of the petitioner.
6. Taking into account that the loss caused to the
NBPDCL has already been deposited by the petitioner and that
the petitioner has no criminal antecedent, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Court (2nd) cum- District & Additional Sessions Judge, Hajipur
at Vaishali/Successor Court in connection with Vaishali (Belsar
O.P) P.S. Case No.71 of 2026, subject to the conditions as laid
down under Section 482(2) of the BNSS as well as the
following conditions:
Patna High Court CR. MISC. No.27484 of 2026(3) dt.13-05-2026
3/3
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.