Patna High Court

Vikash Kumar @ BikatiyaversusThe State of Bihar

Decided: 25 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that bail should be granted to the petitioner subject to conditions.

Summary

Vikash Kumar was arrested in connection with a robbery under Section 395 of the Indian Penal Code, where five armed men allegedly looted Rs.2,95,000 from an informant’s office. The petitioner claimed innocence, arguing that his name only appeared in the confessional statement of a co‑accused, with no material recovery or Test Identification Parade conducted against him. The State highlighted six prior criminal cases against the petitioner. The court noted the lack of direct evidence, the grant of bail to a similarly situated co‑accused, and the petitioner’s prolonged judicial custody since June 2025. Consequently, the court ordered regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation and presence at trial.

Issues considered

Whether regular bail can be granted to the petitioner under Section 395 IPC given the circumstances of the case
Whether the confessional statement of a co‑accused suffices to deny bail to the petitioner

Legislation cited

Indian Penal Code — s. 395

Subjects

bail
robbery
IPC 395
criminal antecedent
co‑accused confession
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11370 of 2026
                     Arising Out of PS. Case No.-363 Year-2023 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 Vikash Kumar @ Bikatiya Son of Ram Dayal Paswan Resident of Village-
                 Jhopatpatti Neemghat, P.S.- Khajeklan, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar, Advocate
                 For the Opposite Party/s :      Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Rajiv Nagar P.S. Case No. 363 of 2023 registered

                   for the offence punishable under Section 395 of the Indian Penal

                   Code.

                                3. The case of the prosecution, in short, is that five

                   armed persons entered in the office of the informant, vandalized

                   the office and looted Rs.2,95,000/-.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. It is further

                   submitted that from perusal of the FIR it is clear that name of this
Patna High Court CR. MISC. No.11370 of 2026(2) dt.25-02-2026
                                            2/3




          petitioner does not find place in the FIR. During course of

          investigation one Sonu Sharma was apprehended and he has given

          his confessional statement. The name of this petitioner has

          surfaced in the confessional statement of co-accused, Sonu

          Sharma. It has further been submitted that no recovery has been

          made from the possession of this petitioner. It is further submitted

          that no Test Identification Parade (TIP) has been conducted. It is

          further submitted that similarly situated co-accused Raja Kumar @

          Raja Paswan has already been extended the privilege of bail vide

          order dated 17.01.2026 passed in Cr. Misc. No. 89868 of 2025.

          Moreover,       the petitioner has submitted that the petitioner is

          languishing in judicial custody since 12.06.2025.

                       5. The application for bail is opposed by learned APP

          for the State and he has submitted that the petitioner is having

          criminal antecedent of six cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with a condition that the

          petitioner shall co-operate in the trial and shall remain present in

          the trial court on each date. The above named petitioner is directed

          to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

          ten thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Additional Chief Judicial Magistrate-II,
            Patna High Court CR. MISC. No.11370 of 2026(2) dt.25-02-2026
                                                        3/3




                      Patna in connection with Rajeev Nagar P.S. Case No. 363 of 2023.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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