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Patna High Court

VIKASH KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioners on the condition of a Rs. 10,000 bond with two sureties each.

Summary

The petitioners, Vikash Kumar and Neeraj Kumar, applied for regular bail in a case registered under Sections 331(4) and 305 of the B.N.S. relating to a theft of Rs. 2 lakh. The prosecution alleged that the theft occurred on 05.09.2025, but the petitioners were not named in the FIR and the only material against them was a confessional statement of a co‑accused. The petitioners argued that the recovered articles were not linked to them, they have minimal or no prior criminal record, and there is no risk of absconding or tampering with evidence. The State opposed bail. The Court, after considering the submissions and noting the lack of direct evidence and the petitioners' custody since 13.09.2025, ordered that bail be granted on a bond of Rs. 10,000 with two sureties each.

Issues considered

  • Whether bail should be granted to the accused under Sections 331(4) and 305 of the B.N.S. when they are not named in the FIR and the only evidence is a co‑accused's confessional statement.
  • Whether the accused pose a risk of absconding or tampering with evidence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 331(4) B.N.S.
  • Section 305 B.N.S.
  • confessional statement
  • FIR
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1122 of 2026
                       Arising Out of PS. Case No.-899 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Vikash Kumar S/O Rambabu Sah @ Rambaboo Sah R/o vill - Chausiya,
                  P.s.- Sonpur, Distt.- Saran
           2.     Neeraj Kumar S/o Rambabu Sah @ Rambaboo Sah R/o vill - Chausiya, P.s.-
                  Sonpur, Distt.- Saran
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   23-02-2026                     Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek regular bail in connection with

                   Sonpur P.S. Case No. 899 of 2025 for the offences registered under

                   Sections 331(4), 305 of the B.N.S.

                                3. As per the prosecution case, on 05.09.2025 when the

                   informant went to her old house she found that lock of the door

                   was broken and her belongings and cash of Rs. 2 lakhs were stolen

                   by the unknown thieves.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in this

                   case on the basis of confessional statement of co-accused.

                   Petitioners are not named in the F.I.R. From the seizure-list it

                   appears that the articles recovered from the house of the
            Patna High Court CR. MISC. No.1122 of 2026(3) dt.23-02-2026
                                                        2/2




                      petitioners belong to them. The recovered articles were not put on

                      T.I.P. Except confessional statement, there is no material against

                      the petitioners. Petitioners are young boys aged about 23 and 21

                      years old respectively. Petitioner No. 1 has two criminal

                      antecedents and Petitioner No. 2 has no criminal antecedent. They

                      are in judicial custody since 13.09.2025. After completion of

                      investigation, charge-sheet has already been submitted. There is no

                      chance of absconding of the petitioners or tampering with the

                      evidence.

                                   5. Learned counsel appearing on behalf of the State

                      opposes the prayer for grant of bail to the petitioners.

                                   6. Considering the submissions made on behalf of the

                      parties, facts and circumstances of the case, petitioners are not

                      named in the F.I.R. and period of custody undergone by them, let

                      the petitioners, named above, be enlarged on bail upon furnishing

                      bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

                      of the like amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Saran at Chapra in connection with Sonpur P.S. Case

                      No. 899 of 2025.



                                              (Sunil Dutta Mishra, J)
rakhi/-
U       T


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