Ashish Kumar @ Vijendra Kumar @ Vijayendra KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31272 of 2026
                    Arising Out of PS. Case No.-561 Year-2025 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Ashish Kumar @ Vijendra Kumar @ Vijayendra Kumar Son of Arvind
                 Kumar @ Arbind R/o- Ward No. 4, Nakhash Chauk, Purani Bazar,
                 Maharajganj, P.S.- Maharajganj, District - Siwan

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Satyendra Rai, Advocate
                 For the Opposite Party/s :      Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-05-2026                        Heard Mr. Satyendra Rai, learned counsel for the

                   petitioner and Mr. Anil Prasad Singh, learned APP for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.12.2025 in connection with N.D.P.S Case No. 09 of 2026

                   arising out of Maharajganj P.S. Case No. 561 of 2025, F.I.R.

                   dated 19.11.2025 for the offences punishable under Sections

                   310(4), 310(5), 111 of Bharatiya Nyay Sanhita, 2023 and

                   Section 25(1-B)(a), 26, 35 of Arms Act and Section                       8(c),

                   220(B)IIB of the Narcotic Drugs & Psychotropic Substance Act,

                   1985.

                               3. Recovery is of one loaded pistol with one live

                   cartridge, two knives, three mobile phones and 1.5 kg of Ganja.

                               4. Learned counsel for the petitioner submits that
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          petitioner is innocent and he has falsely been implicated in the

          present case. The name of the petitioner has been transpired on

          the basis of confessional statement of apprehended co-accused

          persons. From bare perusal of the seizure list it appears that

          alleged recovery has been made from the possession of co-

          accused persons, namely, Prince Kumar Pandey, Rohit Kumar,

          Pawan Kumar @ Jhantu and and except the disclosure made by

          apprehended co-accused persons, no other cogent material has

          come during investigation which suggest the involvement of the

          petitioner in the present occurrence. He further submits that the

          police after investigation submitted the charge sheet. The

          petitioner is in custody since 03.12.2025.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries four criminal antecedents but

          fairly submits on the basis of paragraph-3 of the bail application

          that the petitioner has been acquitted in three cases and one case

          is pending for consideration before competent Court of law.

                       6. Considering the aforesaid facts and circumstances ,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned District
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                      and Sessions Judge-1st-cum-Special Judge, Siwan in connection

                      with Maharajganj P.S. Case No. 561 of 2025, subject to the

                      following conditions:-

                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T