Patna High Court
Vikash KumarversusState of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 103, 105, 317(4), 317(5)
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
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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
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(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
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