Patna High Court
Vimal Kumar RaushanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted subject to bond and surety conditions, with the possibility of cancellation for non‑cooperation.
Summary
The petitioner, Vimal Kumar Raushan, sought anticipatory bail fearing arrest in a case involving alleged extortion, firing, and possession of arms. He argued that the allegations were false, stemming from personal animosity, and that there was no concrete evidence such as an empty cartridge or injury to the informant. The State opposed the bail, citing the seriousness of the offences listed under the Bihar Penal Code and the Arms Act. The Court considered the petitioner's cooperation, lack of prior flight risk, and the conditions under Section 438(2) of the Criminal Procedure Code. It granted anticipatory bail, requiring a bond of Rs.25,000 with two sureties and imposing conditions for cooperation with the investigation, with provision for cancellation if non‑cooperation is shown. The order also specified that the petitioner's maternal brother would act as one of the bailors.
Issues considered
- Whether anticipatory bail should be granted under Section 438(2) of the Cr.P.C. in view of the alleged offences.
- Whether the allegations against the petitioner constitute a false implication warranting bail.
Legislation cited
- Arms Act — s. 27
- Bihar Penal Code — s. 109, 115(2), 126, 190, 191(2), 191(3), 308(3), 308(4), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- false implication
- extortion
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75856 of 2025
Arising Out of PS. Case No.-310 Year-2024 Thana- PALIGANJ District- Patna
======================================================
Vimal Kumar Raushan S/o Late Shakaldeo Yadav R/o Village- Mahuri, PS-
Khiri More, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 191(2), 191(3), 190,
126, 115(2), 109, 308(3), 308(4), 352 of B.N.S., 2023 and
Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of five cases and the informant
alleges that he was intercepted by the accused persons including
the petitioner and on point of gun, the accused persons
demanded extortion of Rs.5 lakhs on the ground that he has
earned as Mukhiya, but informant fled when they fired.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.75856 of 2025(2) dt.11-02-2026
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informant on account of previous animosity. It is submitted that
allegation of demanding extortion and firing is also not specific
and the informant was not injured which amply demonstrates
that allegation of firing was made to give serious colour to the
case. Further, no empty cartridge was recovered from the place
of occurrence. It is also submitted that petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by learned
counsel for the petitioner, let petitioner, above named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bond of
Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of
the like amount each to the satisfaction of learned S.D.J.M.,
Danapur, District Patna in connection with Paliganj P.S. Case
No.310 of 2024, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
7. It is made clear that one of the bailors of the
petitioner shall be his maternal brother, namely, Ajay Kumar
who has sworn the affidavit.
Patna High Court CR. MISC. No.75856 of 2025(2) dt.11-02-2026
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8. It is also made clear that in the event, if any
application is filed by the Investigating Officer before the
learned Trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation, the learned Trial Court shall be at liberty to cancel
the bail bonds of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned
police station through the learned court below.
(Satyavrat Verma, J)
Sanjay/-
U T
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