Patna High Court
Vikky Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S., 2023 — s. 3(5), 480(3)
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
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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/-
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