Patna High Court
Vikash Kumar SoniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs. 10,000 with two sureties each.
Summary
The petitioners, Vikash Kumar Soni and Manish Kumar, applied for bail in a case registered under Sections 318(4), 338 and 336(3) of the B.N.S., 2023, alleging they were falsely implicated in a scheme involving large bank transfers and a gold chain. The prosecution alleged that the accused facilitated the transfer of Rs. 9,50,500 to an informant’s account and subsequently directed withdrawals and further transfers to other persons. The petitioners contended that the main accusation was against another accused, that no material was recovered from them, and that a confessional statement made to police is not admissible evidence. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the High Court found no sufficient ground to deny bail and ordered the petitioners to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences under Sections 318(4), 338 and 336(3) of the B.N.S., 2023.
- Whether a confessional statement made to police can be relied upon as material against the petitioners.
- Whether the prior criminal antecedent of the petitioners justifies denial of bail.
Legislation cited
- B.N.S., 2023 — s. 318(4), 336(3), 338
Subjects
- bail
- confessional statement
- criminal antecedent
- B.N.S. 2023
- Sections 318, 338, 336
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11556 of 2026
Arising Out of PS. Case No.-490 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
1. Vikash Kumar Soni S/o Umesh Prasad Sah @ Umesh Sah Resident of
village - Bahadurpur Areraj, P.S.- Govindganj, Distt.- East Champaran
2. Manish Kumar S/o Sukhadi Pandit Resident of village - Khajuriya , P.S.-
Govindganj, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-03-2026 Heard learned counsel for the petitioners and the
learned APP for the State.
2. The petitioners have prayed for bail in connection
with Paharpur P.S. Case No. 490 of 2025 registered for the
offence punishable under Sections 318(4), 338, 336(3) of the
B.N.S., 2023.
3. The case of the prosecution, in short, is that Vivek,
Ravi and Vikas, three persons assured the informant of
providing employment and on this instance, a savings account
was opened in Small Finance Bank. On 10.09.2025, Rs.
9,50,500/- was credited to the account of the informant. It is
further alleged that all the named accused persons arrived and
Ravi Kumar told him to transfer five lakh rupees to another
Patna High Court CR. MISC. No.11556 of 2026(2) dt.19-03-2026
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account, which was transferred by the informant. After that,
from that account, the informant withdrew five lakh rupees and
handed it over to Ravi and Vikas. It is further alleged that Ravi
again told the informant to transfer three lakh rupees into the
account of Bhim Kumar; the same was transferred by him. It is
further alleged that Ravi Kumar purchased a golden chain of Rs.
79,382/- and the same was paid by him and after that the
accused persons have stopped contacting the informant and they
are not picking up the phone of the informant.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear that
the main thrust of the allegation is against Ravi and it is also clear
that regarding Four lakh rupees, it is stated that from the Bank of
Baroda, this sum was withdrawn on the instruction of Ravi and
after that, the same was handed over to Ravi and Vikas. He also
submits that from perusal of the order of the learned trial court, it
transpires that nothing has been recovered from the possession of
this petitioner rather the recovery has been made from the house of
Ravi Kumar and Sunny Kumar. He also submits that though the
petitioner has given his confessional statement before the police, a
confessional statement before the police is not legal material. The
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chargesheet has already been filed. Moreover, the petitioners are
languishing in judicial custody since 20.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-IX, East Champaran,
Motihari in connection with Paharpur P.S. Case No. 490 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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