Vicky Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2025)

Vicky Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released in the event of arrest or surrender within four weeks, on bail bond of Rs. 25,000/- with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, subject to Section 482(2) BNSS 2023 conditions and verification of criminal antecedents by the District Court; bail application disposed of.

Issue for consideration

Whether the petitioner, who has been made an accused in Gaurichak P.S. Case No.431 of 2024 (Sections 309(4) BNS, 2023) only on the basis of suspicion, is entitled to be released on pre-arrest bail.

Court's answer

Considering the nature of the allegation and the fact that the petitioner was made an accused only on the basis of suspicion, the petitioner has prima facie made out a case to be released on bail.

Ratio / Principle

The petitioner is directed to be released on pre-arrest bail in the event of arrest or surrender before the Court below within four weeks, on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna, subject to the conditions under Section 482(2) of the BNSS, 2023.

Key takeaways

The District Court is directed to verify the criminal antecedents of the petitioner, and if he is found involved in other cases other than as stated in Para 3 of the bail petition, this order will automatically lose its force.ratio¶24

Detailed headnote1 paragraphs

Pre-arrest bail granted - Patna High Court (Purnendu Singh, J.) allowed pre-arrest bail to the petitioner in Gaurichak P.S. Case No.431 of 2024, registered under Sections 309(4) of BNS, 2023, arising from an F.I.R. alleging that the petitioner with other co-accused snatched a mobile and Rs. 4,700 from the informant and illegally withdrew Rs. 20,000 from the informant's SBI Bank Account. As the petitioner had been made an accused only on the basis of suspicion (claiming false implication due to enmity and clean antecedents), he was held to have prima facie made out a case for bail: release on arrest or surrender within four weeks on a bail bond of Rs. 25,000 with two like sureties to the satisfaction of the Chief Judicial Magistrate, Patna, subject to Section 482(2) of the BNSS, 2023; the order lapses automatically if the District Court's verification shows involvement in cases beyond those stated in Para 3 of the bail petition.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24347 of 2025

Arising Out of PS. Case No.-431 Year-2024 Thana- GAURICHAK District- Patna

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Vicky Kumar S/O Subhash Ray R/O Vill.- Dalanpur, P.S.- Pachrukhiya, Dist.Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Mukesh Kumar, Advocate For the Opposite Party/s : Mr.Rabindra Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2 02-05-2025

Heard learned counsel appearing on behalf of the

petitioner and the learned APP for the State.

The petitioner seeks pre-arrest bail in connection

with Gaurichak P.S.Case No.431 of 2024, registered for the offence punishable under Sections 309(4) of BNS, 2023.

As per the allegation made in the F.I.R., the petitioner along with the other co-accused persons have been alleged to be involved in snatching a mobile and Rs.4,700/from the pocket of the informant, as well as, illegally withdrawing Rs.20,000/- from the SBI Bank Account of the informant.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case only on the basis of suspicion due to enmity. Petitioner has clean antecedent.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

Patna High Court CR. MISC. No.24347 of 2025(2) dt.02-05-2025 2/2

Considering the nature of allegation made against the petitioner, as well as, considering the fact that the petitioner has been made accused in the present case only on the basis of suspicion, I find that the petitioner has, prima facie, made out a case to be released on bail.

The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Gaurichak P.S.Case No.431 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

The bail application stands disposed of.

(Purnendu Singh, J)

chn/- U T