Patna High Court
Vivek Srivastava @ Vivek ShrivastavaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, upholding the earlier order and directing the trial judge to frame charges.
Summary
Vivek Srivastava was arrested in connection with an alleged attempted robbery and charged under Section 309(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act. He applied for regular bail, which had been rejected in an earlier application. The petitioner claimed innocence, no prior criminal record, and that he was merely on the spot when the incident occurred. The State opposed bail, emphasizing that the petitioner was caught in the act. Justice Sandeep Kumar upheld the earlier order, finding no ground to review it, and dismissed the bail application, directing the trial judge to frame charges.
Issues considered
- Whether the petitioner is entitled to regular bail despite being caught on the spot in an attempted robbery case.
- Whether the earlier bail denial order can be reviewed on a second application.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 309(5)
Subjects
- bail
- criminal procedure
- attempted robbery
- arms offences
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69518 of 2025
Arising Out of PS. Case No.-713 Year-2024 Thana- SIKARPUR District- West Champaran
======================================================
Vivek Srivastava @ Vivek Shrivastava S/O Rabindra Kumar Verma R/O
Village- Sahasrao, Ward No. 11, Police Station- Bhairoganj (Bagaha),
District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1
For the Opposite Party/s : Mr. Nitya Nand Tiwary
Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Shikarpur P.S. Case No.
713 of 2024 registered for the offence under Sections 309(5) of
the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26
and 35 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 19.02.2025 in Cr. Misc. No. 9519 of 2025 which
reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Shikarpur P.S. Case No. 713 of
2024 registered for the offence punishable under
Patna High Court CR. MISC. No.69518 of 2025(3) dt.11-02-2026
2/2
Sections 309(5) of the B.N.S. and sections 25(1-
B)a, 26 and 35 of Arms Act.
3. As per the prosecution case, the
petitioner and other accused persons have tried
to commit robbery. They were caught on the
spot.
4. Learned counsel for the petitioner
submits that the petitioner is innocent and has
committed no offence. The petitioner has no
concern with the alleged occurrence. The
petitioner has no criminal antecedent and is in
jail since 09.10.2024.
5. Learned APP appearing for the
State opposes the prayer for regular bail of the
petitioner.
6. Considering the aforesaid
submissions as also the fact that the petitioner
has been caught on the spot, I am not inclined to
grant bail to the petitioner though similarly
situated co-accused has been granted bail.
7. Accordingly, the present bail
application stands dismissed.
4. This Court finds no ground to review its earlier
order. Accordingly, this application for regular bail stands
rejected.
5. The Trial Judge is directed to frame the charges in
the case.
(Sandeep Kumar, J)
Shishir/-
U T
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