Vimal Kumar Raushan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Vimal Kumar Raushan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail, in the event of arrest or surrender within six weeks, on bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, District Patna in connection with Paliganj P.S. Case No.310 of 2024, subject to Section 438(2) Cr.P.C. conditions; one bailor to be maternal brother Ajay Kumar; Trial Court at liberty to cancel bail bonds for non-cooperation in investigation on the IO's application, after recording reasons; copy of order to be sent to the concerned police station through the learned court below.

Issue for consideration

Whether the petitioner, apprehending arrest in Paliganj P.S. Case No. 310 of 2024 (offences under Sections 191(2), 191(3), 190, 126, 115(2), 109, 308(3), 308(4), 352 of B.N.S., 2023 and Section 27 of the Arms Act), should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: petitioner, in the event of his arrest or surrender within six weeks, to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, District Patna in connection with Paliganj P.S. Case No.310 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Condition imposed: one of the bailors of the petitioner shall be his maternal brother, Ajay Kumar, who has sworn the affidavit.

Key takeaways

If the Investigating Officer informs the learned Trial Court that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted. Vimal Kumar Raushan, apprehending arrest in Paliganj P.S. Case No. 310 of 2024 (District Patna) for offences punishable under Sections 191(2), 191(3), 190, 126, 115(2), 109, 308(3), 308(4), 352 of B.N.S., 2023 and Section 27 of the Arms Act, directed to be released on bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, District Patna, subject to the conditions under Section 438(2) of the Cr.P.C. One of the bailors is to be the petitioner's maternal brother, Ajay Kumar, who has sworn the affidavit. The learned Trial Court is at liberty to cancel the bail bonds, after recording reasons, if the Investigating Officer reports that the petitioner is not cooperating in the investigation despite his assurance to the Court. A copy of the order is to be sent to the concerned police station through the learned court below. Defence contentions noted: false implication on account of previous animosity; non-specific extortion/firing allegation; informant not injured; no empty cartridge recovered; petitioner has antecedents of five cases.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75856 of 2025

Arising Out of PS. Case No.-310 Year-2024 Thana- PALIGANJ District- Patna

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

Vimal Kumar Raushan S/o Late Shakaldeo Yadav R/o Village- Mahuri, PSKhiri More, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 11-02-2026

Heard learned counsel for the petitioner and learned

APP for the State.

Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126, 115(2), 109, 308(3), 308(4), 352 of B.N.S., 2023 and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has antecedents of five cases and the informant alleges that he was intercepted by the accused persons including the petitioner and on point of gun, the accused persons demanded extortion of Rs.5 lakhs on the ground that he has earned as Mukhiya, but informant fled when they fired.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.75856 of 2025(2) dt.11-02-2026 2/3

informant on account of previous animosity. It is submitted that allegation of demanding extortion and firing is also not specific and the informant was not injured which amply demonstrates that allegation of firing was made to give serious colour to the case. Further, no empty cartridge was recovered from the place of occurrence. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

Learned APP opposes the anticipatory bail application.

Considering the submissions made by learned counsel for the petitioner, let petitioner, above named, in the event of his arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, District Patna in connection with Paliganj P.S. Case No.310 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

It is made clear that one of the bailors of the petitioner shall be his maternal brother, namely, Ajay Kumar who has sworn the affidavit.

Patna High Court CR. MISC. No.75856 of 2025(2) dt.11-02-2026 3/3

It is also made clear that in the event, if any application is filed by the Investigating Officer before the learned Trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

Let a copy of this order be sent to the concerned police station through the learned court below.

(Satyavrat Verma, J)

Sanjay/-

U T