Created by Fuzzy Cloud

Patna High Court

Vikash KumarversusState of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to a cash bond, sureties and specific conditions.

Summary

Vikash Kumar and Golu Kumar were arrested on 12‑December‑2025 in connection with PS Gardanibagh Case No. 501 of 2024, FIR dated 15‑September‑2024, for alleged offences under Sections 317(4) and 317(5) of the Bihar Narcotic Substances Act involving the recovery of 22 mobile phones from their house. The petitioners contended that the mobiles were received for repair, that the FIR was fabricated, and that the police failed to comply with Sections 103 and 105 of the Act. The State opposed bail, noting that the mobiles were seized from the petitioners' premises and that the petitioners have four other pending cases, though they are already on bail in those matters. The Court, after considering the facts, granted bail to both petitioners on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to the Judicial Magistrate of the first class, Patna, for implementation.

Issues considered

  • Whether the petitioners are entitled to bail despite the seizure of 22 mobile phones and alleged offences under Sections 317(4) and 317(5) of the Bihar Narcotic Substances Act.
  • Whether the alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act warrants denial of bail.
  • Whether the existence of other pending criminal cases affects the grant of bail in the present matter.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • mobile seizure
  • Section 317
  • Section 103
  • Section 105
  • Bihar Narcotic Substances Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16808 of 2026
                     Arising Out of PS. Case No.-501 Year-2024 Thana- GARDANIBAG District- Patna
                 ======================================================
           1.     Vikash Kumar Son of Karfu Sao R/O Ambedkar Chowk, Chitkohra, P.S-
                  Gardanibag, District- Patna.
           2.    Golu Kumar Son of Karfu Sao R/O Ambedkar Chowk, Chitkohra, P.S-
                 Gardanibag, District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Dhirendra Prasad Sinha, Advocate
                 For the State           :       Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                     Heard Mr. Dhirendra Prasad Sinha, learned counsel for

                   the petitioners and Mr. Ashok Kumar Singh, learned APP for the

                   State.

                                  2. Petitioners seek bail, who are in custody since

                   12.12.2025, in connection with Gardanibagh P.S. Case No. 501 of

                   2024, F.I.R. dated 15.09.2024               registered for the offences

                   punishable under Sections 317(4), 317(5) of the B.N.S.

                                  3. The case relates to recovery of 22 mobile from the

                   house of the petitioners.

                                  4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and they have been falsely implicated in

                   the present case. He further submits that the allegation as alleged

                   in the F.I.R. is false and fabricated and the petitioners have not
Patna High Court CR. MISC. No.16808 of 2026(2) dt.17-03-2026
                                            2/3




          committed any offence as alleged in the F.I.R. As per allegation in

          the F.I.R., altogether 22 mobiles were recovered from the house of

          the petitioners. Learned counsel for the petitioners submits that all

          the mobiles which are mentioned in the seizure list is not the

          looted mobile and the same was received from the owner of the

          mobile for repairing the same and there is non complinace of

          Sections 103/105 of the B.N.S.S. He further submits that the

          police after investigation submitted chargesheet against the

          petitioners and the petitioners are in custody since 12.12.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioners

          and submits that the recovery has been made from the house of the

          petitioners and apart from aforesaid the petitioners carry four more

          cases other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioners are on bail in

          the pending matters.

                       6. Considering the facts and circumstances of the case,

          let the petitioners, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          Judicial    Magistrate 1st        Class,     Patna   in   connection   with

          Gardanibagh P.S. Case No. 501 of 2024, subject to the following

          conditions :-
               Patna High Court CR. MISC. No.16808 of 2026(2) dt.17-03-2026
                                                           3/3




                                      (1) Petitioners 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

                         their absence on two consecutive dates without sufficient reason,

                         their bail bonds shall be cancelled by the Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at any

                         stage, it is found that the petitioners have concealed their criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioners. 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)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.