Patna High Court
VIKASH KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- B.N.S. — s. 305, 331(4)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.