Vijay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33540 of 2026
                         Arising Out of PS. Case No.-73 Year-2025 Thana- AIRPORT District- Patna
                 ======================================================
                 Vijay Kumar S/O Ugrasen Prasad @ Agrasen R/O Village - Navdiha, P.S-
                 Hilsa Dhurgaon, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Prasad Singh, Sr. Advocate
                                          :       Mr.Rakesh Singh, Advocate
                 For the Opposite Party/s :       Mr.Aditya Narayan Singh.1, APP
                 For the Informant        :       Mr. Ayush Abhishek, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   08-07-2026                   Heard Mr. Krishna Prasad Singh, learned counsel for

                   the petitioner, Mr. Ayush Abhishek, learned counsel for the

                   informant and Mr.Aditya Narayan Singh.1,                     learned A.P.P. for

                   the State.

                                 2. The petitioner seeks bail, who is in custody since

                   16.04.2025 in connection with               Hawai Adda P.S. Case No. 73

                   of 2025, F.I.R. dated 13.04.2025 for the offences punishable

                   under Sections 137 (2) (363 I.P.C), 140 (3) (365 I.P.C), 61 (2)

                   (120BI.P.C) of B.N.S later on chargesheet was submitted under

                   Section 103(1),140(3), 319(2), 111(2), 111(6), 338, 336(3),

                   340(2), 61(2), 3(5) of BNS and Section 66(c)(d) of I.T Act.

                                 3. According to prosecution case, informant’s sister-

                   in-law’s husband was kidnapped by some unknown persons.
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                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has falsely been implicated in the

          present case. Initially the present FIR has been instituted against

          co-accused person, namely, Shiv Raj Sagi for kidnapping the

          victim but during course of investigation one co-accused person,

          namely, Sumit Kumar @ Jitu was apprehended and he has

          confessed his guilt and stated that he alongwith other co-

          accused persons have committed the present crime in question

          and informant is not the eye witness of the alleged occurrence

          and co-accused person, namely, Bipatra Kumar, who is owner of

          the vehicle in question, which was used in the present crime in

          question, has been granted bail by a Coordinate Bench of this

          Hon’ble Court vide order dated 03.04.2026 passed in Cr. Misc.

          No.13018 of 2026 and co-accused, namely, Sangita Kumari @

          Choti, against whom the allegation that she also accompanied

          alongwith the co-accused person, has also been granted bail by

          this Court vide order dated 19.03.2026 passed in Cr. Misc.

          No.69280 of 2025. The police, after investigation, submitted the

          chargesheet against the petitioner and the petitioner is in custody

          since 16.04.2025.

                       5. Learned counsel for the informant and learned APP

          for the State have opposed the prayer for bail of the petitioner
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          and submits that the petitioner has participated in the present

          crime in question and co-accused persons have brutally

          assaulted the deceased and he died, apart from that, the

          petitioner carries one more case other than the present one but

          he fairly submits that the petitioner is on bail in the said case, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts as well as the period

          of custody, 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 learned

          A.C.J.M.-IV, Patna in connection with Hawai Adda P.S. Case

          No. 73 of 2025, with 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/her absence on two consecutive dates without sufficient

          reason, his/her 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
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                         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)
Nitesh/-

U          T