Patna High Court
Vikash PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail, subject to specified conditions.
Summary
Vikash Pandey was arrested in connection with a bank robbery and alleged possession of illegal firearms, charged under Section 309(6) of the B.N.S., 2023 and Sections 25(1‑b) a, 26 and 35 of the Arms Act. The petitioner contended that he was not present at the scene, no incriminating article was recovered from him, and he had no prior criminal record, seeking regular bail. The State opposed bail, arguing that his name appeared in the FIR and he was a co‑accused. The court noted that the charge‑sheet had already been filed, there was no likelihood of evidence tampering, and the petitioner had a clean antecedent. Accordingly, the court granted regular bail on a cash bond of Rs.10,000 with two sureties and imposed conditions regarding attendance and non‑tampering.
Issues considered
- Whether the petitioner is entitled to regular bail despite being named in the FIR for offences under the B.N.S., 2023 and the Arms Act.
- Whether there is a likelihood of tampering with evidence or influencing witnesses that would justify denial of bail.
- Whether the filing of the charge‑sheet and the petitioner’s clean antecedent warrant the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b) a, 26, 35
- B.N.S., 2023 — s. 309(6)
Subjects
- regular bail
- B.N.S. 2023
- Arms Act
- bank robbery
- criminal procedure
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87747 of 2025
Arising Out of PS. Case No.-209 Year-2025 Thana- MAGADH MEDICAL COLLEGE
District- Gaya
======================================================
Vikash Pandey Son of Ramyodhya Pandey @ Ayodhya Pandey R/o Village -
Pande Karma, P.S. - Kasma, Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection
with Magadh Medical P.S. Case No. 209 of 2025, registered for
the offences punishable under Sections 309(6) of B.N.S., 2023
and Sections- 25(1-b) a, 26 and 35 of the Arms Act.
3. As per prosecution-case, the informant was
present near Gulariyachak bridge with armed forces to maintain
law and order. A confidential information was received that
three miscreants had entered in Bihar Gramin Bank, Pandey
Parsawan Branch with intention of robbing the bank. It is
alleged that three persons were running away having country
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made pistols in their hands and one of the accused was carrying
a green colour bag and bank officials were trying to snatch the
bag from the hands of the miscreants and with the help of
villagers one person was apprehended with a country made
pistol, a mobile and Rs. 50,000/-, who disclosed his name as
Amit Kumar and two miscreants fled away. The apprehended
accused disclosed the name of the present petitioner.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. Except disclosure of co-accused, there is
nothing on record to connect the petitioner with the occurrence.
No incriminating article has been recovered from the possession
of the petitioner. Petitioner has not been put on T.I.P. and the
petitioner is in judicial custody since 19.07.2025. Charge-sheet
has already been submitted and there is no likelihood of
tampering with the evidence. Petitioner was not apprehended on
spot and he was not present at the place of occurrence and, apart
from that, petitioner is having no criminal antecedent. He
further submits that, in the light of the allegation made in the
F.I.R., it is a totally false case.
5. Learned A.P.P. vehemently opposed the prayer of
bail and submitted that petitioner is one of the accused whose
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name finds place in the F.I.R. and he cannot escape from the
allegations made in the F.I.R. Hence, petitioner does not deserve
bail.
6. Considering the facts and circumstances of the
case, period of custody, charge-sheet has already been
submitted, there is no likelihood of tampering with the
prosecution evidence, argument advanced on behalf of both
sides, petitioner is having clean antecedent and also taking into
consideration the material available on record, let the petitioner
above named be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-V, Gaya in
connection with Magadh Medical P.S. Case No. 209 of 2025,
subject to following conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
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the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
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