Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Vijay Kumar was arrested on 18 November 2025 in connection with a theft case (PS Mushahari Case No.261 of 2025) and charged under Sections 303(2) and 334(1) of the Bharatiya Nyay Sanhita, 2023. He contended that he was falsely implicated, not named in the FIR, and identified only through CCTV footage, with some articles later recovered from his house. The petitioner argued that the investigation violated Sections 103 and 105 of the BNSS and pointed out that a co‑accused, Bhuklu Kumar, had already been granted bail. The State opposed bail. The Court, after considering the arguments, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged procedural lapses in investigation under Sections 103 and 105 of the BNSS.
- Whether the petitioner should be treated equally with the co‑accused who was previously granted bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 105, 303(2), 334(1)
Subjects
- bail
- criminal procedure
- investigation
- Section 103
- Section 105
- equality of treatment
- false implication
- CCTV evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12679 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- MUSAHARI District- Muzaffarpur
======================================================
Vijay Kumar S/o Raj Kishore Sah R/o Village- Rajwara Bhagwan, P.S-
Mushahari, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Mr. Upendra Kumar Chaubey, learned
counsel for the petitioner as well as Mr. Shailendra Kumar,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.11.2025 in connection with Mushahari P.S. Case No.261 of
2025, F.I.R. dated 04.11.2025 for the offences punishable under
Sections 303(2), 334(1) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that
some unknown miscreants looted items worth of Rs.90,000/-
from the shop of the informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Petitioner is not named in the FIR
and his name transpired on the basis of CCTV footage and
Patna High Court CR. MISC. No.12679 of 2026(3) dt.03-04-2026
2/3
thereafter some articles were recovered from the house of the
petitioner. He further submits that there is non-compliance of
Section 103 and 105 of BNSS and similarly situated co-accused
person, namely, Bhuklu Kumar @ Bhukhlu Kumar has been
granted the privilege of bail by this Court vide order dated
27.01.2026 in Cr. Misc. No. 3751 of 2026. He further submits
that the police after investigation submitted the charge sheet
against the petitioner and the petitioner is in custody since
18.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned 1st Class
Judicial Magistrate, Muzaffarpur East in connection with
Mushahari P.S. Case No.261 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.12679 of 2026(3) dt.03-04-2026
3/3
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…