Vishal Yadav @ Vishal Kumar Ray Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Vishal Yadav @ Vishal Kumar Ray Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to surrender within four weeks; upon arrest or surrender in Gidha P.S. Case No. 02 of 2025, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Bhojpur at Ara, subject to conditions under section 482(2) of B.N.S.S.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Gidha P.S. Case No. 02 of 2025 (offences under Sections 127(1), 303(2), 115(2), 117(2), 109, 329(4), 352, 74, 351(1), 3(5) of the B.N.S. Act), should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner is directed to surrender in the Court below within four weeks, and in the event of his arrest or surrender in connection with Gidha P.S. Case No. 02 of 2025 he will be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Bhojpur at Ara, subject to the conditions laid down under section 482(2) of B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Ashok Kumar Pandey, J., 25-07-2025) in CRIMINAL MISCELLANEOUS No. 40777 of 2025 enlarged Vishal Yadav @ Vishal Kumar Ray on bail in connection with Gidha P.S. Case No. 02 of 2025, instituted for offences under Sections 127(1), 303(2), 115(2), 117(2), 109, 329(4), 352, 74, 351(1), 3(5) of the B.N.S. Act. Petitioner directed to surrender within four weeks; on arrest or surrender to be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Bhojpur at Ara, subject to the conditions under section 482(2) of B.N.S.S. Prosecution alleged co-accused Nishu Yadav snatched Rs. 13,000/- from the informant's son and that the petitioner, with others armed with weapons, threatened him; APP noted one criminal antecedent; defence pleaded false implication and prior police exoneration in an earlier case by the same informant.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 40777 of 2025

Arising Out of PS. Case No.-2 Year-2025 Thana- Geedha District- Bhojpur

======================================================

Vishal Yadav @ Vishal Kumar Ray S/O Hareram Yadav Resident of VillageDumariya, P.S- Gidha, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 25-07-2025

Heard Mr. Ajay Kumar Singh, learned counsel for

the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gidha P.S. Case No. 02 of 2025 instituted for the offence under Sections 127(1), 303(2), 115(2), 117(2), 109, 329(4), 352, 74, 351(1), 3(5) of the B.N.S. Act.

The case of the prosecution is that one Nishu Yadav has snatched Rs. 13,000/- from the son of the informant which was withdrawn from the bank. Allegation against this petitioner is that he along with others has threatened the son of the informant and they were armed with weapons.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No. 40777 of 2025(2) dt.25-07-2025 2/2

petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that earlier also this informant has filed a case, in which, the police has exonerated this petitioner and found the case false.

In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the petitioner is having criminal antecedent of one case.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Gidha P.S. Case No. 02 of 2025, he will be enlarged 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 Judicial Magistrate, First Class, Bhojpur at Ara subject to the conditions as laid down under section 482(2) of B.N.S.S.

(Ashok Kumar Pandey, J)

Sudhanshu/- U T