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Patna High Court

Vikky Kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S., 2023.

Summary

The petitioner, Vikky Kumar Pandey, was arrested in connection with a violent assault and robbery case (Barhariya P.S. Case No. 420 of 2025) involving multiple serious offences under the B.N.S., 2023. The prosecution alleged that the petitioner and co‑accused assaulted the victim’s brother, stabbed him, and stole Rs. 3,000. The victim’s statement identified the petitioner as present but attributed the stabbing to co‑accused Bittu Pandey, and the injury report corroborated two stab wounds. The petitioner’s counsel argued his innocence, clean antecedent, and that the charges were based on general allegations, seeking bail. The court, after considering the victim’s statement, the petitioner’s clean record, the period of custody, and the chargesheet, granted bail subject to a Rs. 10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S., 2023.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the B.N.S., 2023.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • serious offences
  • clean antecedent
  • victim statement
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92000 of 2025
                       Arising Out of PS. Case No.-420 Year-2025 Thana- BARHARIA District- Siwan
                 ======================================================
                 Vikky Kumar Pandey S/o Oshihar Pandey, Resident of Vill- Mohammadpur,
                 P.S- Barhariya, Dist- Siwan.
                                                                           ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Anupam, Advocate
                 For the Opposite Party/s :       Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   25-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Barhariya P.S. Case No. 420 of 2025 dated

                   16.08.2025, registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 351(2)

                   read with Section 3(5) of the B.N.S., 2023.

                                   3. As per the prosecution case, petitioner and other

                   co-accused persons brutally assaulted the brother of the

                   informant and petitioner and co-accused Bittu Pandey stabbed

                   him in ribs and on chest. They also snatched Rs. 3,000/- from

                   pocket of the brother of the informant.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely

                   been implicated in the present case. The statement of the victim
Patna High Court CR. MISC. No.92000 of 2025(3) dt.25-02-2026
                                            2/3




          was recorded by the police and in his statement, though the

          victim has named the petitioner who was present at the shop

          where he was stabbed by them, and when victim forbade them

          from doing so, they assaulted him with slaps and fists. The

          victim further stated that it was co-accused Bittu Pandey who

          stabbed him causing serious injury to him. Learned counsel

          further submits that the injury report also supports the statement

          of the victim as two stab wounds were found on the body of the

          victim, one stab wound on his left side of chest and the second

          wound on the right flank. The injury on the chest is stated to be

          grievous. Learned counsel further submits that the petitioner and

          other co-accused persons have been made accused with general

          and omnibus allegations. Learned counsel next submits that

          petitioner is having clean antecedent and chargesheet has been

          submitted. Learned counsel lastly submits that petitioner is in

          custody since 17.08.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          statement of the victim and also considering petitioner’s clean

          antecedent, his period of custody and submission of
          Patna High Court CR. MISC. No.92000 of 2025(3) dt.25-02-2026
                                                      3/3




                    chargesheet, the petitioner, above-named, is directed to be

                    released on bail, on furnishing bail bonds of Rs.10,000/-

                    (Rupees Ten Thousand Only) with two sureties of the like

                    amount each to the satisfaction of learned Chief Judicial

                    Magistrate, Siwan / concerned Court, in connection with

                    Barhariya P.S. Case No. 420 of 2025, subject to the condition

                    laid down under Section 480(3) of the B.N.S.S. and other

                    following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three 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.



                                                                   (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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