Patna High Court
Vikesh Kumar @ Bikesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Vikesh Kumar, applied for regular bail in a case alleging his assistance in facilitating a co-accused's illegal entry into India using a fake passport, under sections 318(4), 61 and 3(5) of the B.N.S. The prosecution argued he was an abettor, while the petitioner claimed innocence, clean antecedent, and that only a personal mobile phone was recovered. The State opposed bail. The court noted that the co-accused had already been granted regular bail by a co‑ordinate bench and that the petitioner had no prior criminal record. Considering these factors, the court ordered bail on a bond of Rs.10,000 with two sureties. The application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged abetment of illegal entry.
- Whether the grant of bail to the co‑accused and the petitioner's clean antecedent justify bail.
Legislation cited
- B.N.S. — s. 318(4), 3(5), 61
Subjects
- regular bail
- abetment
- fake passport
- clean antecedent
- co‑ordinate bench
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13856 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Vikesh Kumar @ Bikesh Kumar S/o Dukha Rai @ Dukha Ray Resident of
village- Mohanpur, ward No 02, PS- Brahmapuri, Distt- Sarlahi Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate
Mr. Bhuwan Jayan, Advocate
Ms. Rangeeta Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sonbersa P.S. Case No.
299 of 2025 registered for the offences punishable u/s 318(4),
61 and 3(5) of the B.N.S.
3. As per the prosecution case, the petitioner is alleged
to have helped co-accused in facilitating her entry into the
boundaries of India on the basis of fake passport.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
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this case. It is further submitted that the co-accused, against
whom there is allegation of entering the boundaries of India on
the basis of fake passport, has been granted the privilege of
regular bail by a co-ordinate Bench of this Court vide order
dated 23.02.2026 passed in Cr. Misc. No. 10618 of 2026 and the
petitioner at best can be said to be the abettor of entrance of co-
accused. It is also submitted that nothing has been recovered
from the conscious possession of the petitioner except a mobile
phone which the petitioner claims that it is his own mobile. It is
lastly submitted that the petitioner has clean criminal antecedent
and is in custody since 05.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the fact that the co-accused
person has already been granted the privilege of regular bail by
a co-ordinate Bench of this Court and the petitioner bears clean
antecedent, let the petitioner above-named, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Sitamarhi, in connection with
Sonbersa P.S. Case No. 299 of 2025.
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7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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