Vivek Kumar @ Vivek SahniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90765 of 2025
                        Arising Out of PS. Case No.-472 Year-2024 Thana- TARAIYA District- Saran
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           1.     Vivek Kumar @ Vivek Sahni Son of Vinod Sahni Resident of Village -
                  Murlipur, P.S.- Taraiya, District - Saran.
           2.    Pawan Kumar Son of Lakhan Sahni Resident of Village - Murlipur, P.S.-
                 Taraiya, District - Saran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jagjit Roshan, Adv.
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard learned Advocate appearing on behalf of the

                   petitioners and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioners are apprehending their arrest in

                   connection with Taraiya P.S. Case No. 472 of 2024, registered

                   for the offences punishable under Sections 310(4) and 310(5) of

                   the Bharatiya Nyaya Sanhita and Section 25(1-b), 26 and 35 of

                   the Arms Act.

                                3. The police on a secret information that some

                   miscreants are assembled and conspiring to loot, conducted a

                   raid, however noticing the police party, some of the persons

                   present there succeeded in fleeing away and two of the persons
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          have been apprehended, from whose possession the arms and

          bullets were recovered.

                       4. Learned Advocate appearing on behalf of the

          petitioners submitted that on the disclosure made by

          apprehended co-accused Adarsh Kumar, the name of the

          petitioners have been implicated in two other criminal cases,

          besides the present one. Prior to the institution of the present

          case, the petitioners were having absolutely fair antecedent. So

          far the petitioner no. 1 is concerned, he is a student and studying

          in class twelve, whereas the petitioner no. 2 is an unskilled poor

          labourer, have nothing to do with the crime in question. With

          respect to one another criminal case wherein the name of the

          petitioners have also implicated, based on the confessional

          statement of co-accused Adarsh Kumar, the petitioners have

          been extended the privilege of anticipatory bail by learned co-

          ordinate Bench of this Court in Criminal Miscellaneous No.

          81517 of 2025. He next submitted that the Court while granting

          the bail to the petitioners, have also observed that the police in

          majority of cases implicating innocent persons either at the

          behest of chowkidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation and the present case is nothing, but an
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          example of the same.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application and submits

          that the name of the petitioners have transpired on the

          confessional statement of co-accused persons who were

          apprehended by the police and from their possession arms were

          recovered.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the fact that save and except the confessional statement of the

          co-accused, there is no other material, besides prior to the

          lodging of the FIR they had absolutely fair antecedent and the

          petitioner no. 1 is a student, whereas the petitioner no. 2 is a

          unskilled labour, let the petitioners above named be released on

          bail, in the event of their arrest or surrender before the court

          below within a period of four weeks from the date of

          receipt/production of a copy of this order, upon furnishing bail

          bonds of Rs.10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court of ACJM-

          13, Chhapra at Saran or Successor Court in connection with

          Taraiya P.S. Case No. 472 of 2025, subject to the conditions laid

          down in Section 482(2) of the Bharatiya Nagrik Suraksha
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                       Sanhita, 2023 with the further condition that one of the bailors

                       shall be the own/close family members of the petitioner.



                                                   (Harish Kumar, J)
supratim/-

U      T