Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
Vishal Kumar was implicated in a FIR (Babarganj PS Case No. 151 of 2025) alleging offences under Sections 69, 238 and 3(5) of the Bihar Narcotic Substances Act, based on a complaint by a former partner who claimed the petitioner had induced a physical relationship under a false promise of marriage. The petitioner contended that the allegations were false, motivated by a sour relationship, and that he had a clean antecedent. He applied for anticipatory bail under Section 438 of the Code of Criminal Procedure. The High Court, after hearing both sides, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and several conditions including personal appearance at trial and verification of antecedents. The order emphasized that the observations would not affect the trial and that the bail could be cancelled for non‑compliance or concealment of criminal history.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under the Bihar Narcotic Substances Act.
- Whether the allegations constitute a false or fabricated case warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- false allegations
- relationship dispute
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85388 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- Babarganj District- Bhagalpur
======================================================
Vishal Kumar S/o- Kanhaiya Prasad Sah Resident of village- Aliganj
Ambabagh PS- Babarganj District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanchay Srivastava, Adv.
Mrs. Sonali Priya, Adv.
Mr. Sushant Srivastava, Adv.
Mr. Ashish Kumar Palit, Adv.
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Babarganj P.S. Case No. 151 of 2025 dated 23.08.2025
registered for the offences punishable under Sections 69, 238
and 3(5) of the B.N.S.
3. As per the prosecution case, the informant has
alleged that she was in relationship with the petitioner for the
last four years. It is further alleged that on the pretext of false
promise of marriage, the petitioner had made physical
relationship with the informant. It is further alleged that the
petitioner thereafter stopped talking to the informant and hence
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the present F.I.R.
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated only because the
relationship between the petitioner and the victim has turned
sour. It has further been submitted that the informant admittedly
is major and she happens to be a graduate while the petitioner
himself is matriculate hence the allegation of inducement is
palpably false in the present case. It has further been submitted
that for the last four years, no complaint whatsoever was made
by the informant and only when their relationship was not going
well, the present case has been lodged with a false and
concocted story. It has lastly been submitted that the petitioner
has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
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the learned Court below where the case is pending/successor
court in connection with Babarganj P.S. Case No. 151 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
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above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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