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Patna High Court

Vivek Srivastava @ Vivek ShrivastavaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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