Patna High Court

Vikky Kumar @ Biki KumarversusThe State of Bihar

Decided: 16 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioners subject to bond and surety conditions.

Summary

The petitioners, Vikky Kumar and Ashok Kumar, applied for regular bail in a case registered under sections 303(2), 317(2) and 111 of the Bihar Negotiable Instruments Act. The prosecution alleged that the petitioners were found in possession of stolen bicycles and a master key, linking them to a theft scheme uncovered by police. The petitioners contended they were innocent, that the recovered bikes had not been the subject of a separate case, and that they had been in judicial custody since 9 January 2026. The State opposed bail, highlighting two prior criminal antecedents for each petitioner. After hearing both sides, the High Court considered the facts, the nature of the offences, and the petitioners' custody duration, and ordered that both be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties and complying with conditions of physical presence before the trial court.

Issues considered

Whether regular bail should be granted to the petitioners accused under sections 303(2), 317(2) and 111 of the Bihar Negotiable Instruments Act despite possession of stolen property and prior criminal antecedents

Legislation cited

Bihar Negotiable Instruments Act — s. 111, 303(2), 317(2)

Subjects

bail
stolen property
criminal antecedents
sections 303
section 317
section 111
Bihar
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16963 of 2026
                  Arising Out of PS. Case No.-9 Year-2026 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
           1.     Vikky Kumar @ Biki Kumar S/o- Shree Chaudhary Village- Gondapur PS-
                  Akbarpur, Dist-Nawada
           2.    Ashok Kumar @ Ashok Chaudhary S/o- Ramdeo Chaudhary Village-
                 Mohanpur Tola Gopalpur PS-Akbarpur, Dist-Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :      Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-03-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 303(2),

                   317(2) and 111 of BNS.

                                3. The case of the prosecution is that the police had

                   information that certain miscreants were planning to sell the

                   stolen bikes.         On this information, two persons                   were

                   apprehended they were identified as Dhiraj Kumar and Anant

                   Kumar.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.16963 of 2026(2) dt.16-03-2026
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          Learned counsel for the petitioners has submitted that these

          apprehended persons have named these petitioners. He has

          further submitted that from perusal of the order of the learned

          trial court, it is clear that from the possession of petitioner no. 1,

          a stolen bike along with one master key was recovered and from

          the possession of petitioner no. 2, a stolen bike was also

          recovered. Learned counsel has submitted that it is stated that

          the said bikes were stolen but no case is filed against those

          bikes. This case is triable by learned Judicial Magistrate First

          Class. Moreover, the petitioners are languishing in judicial

          custody since 09.01.2026.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail and has submitted that petitioners have

          got two criminal antecedents each.

                       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 released on bail in connection with

          Nawada Mufassil P.S. Case No. 09 of 2026 on furnishing bail

          bond of Rs.10,000/- (ten thousand) each with two sureties of the

          like amount each to the satisfaction of learned ACJM- 1 st ,

          Nawada with a condition that the petitioners shall cooperate
            Patna High Court CR. MISC. No.16963 of 2026(2) dt.16-03-2026
                                                        3/3




                      in trial and shall remain physically present before the

                      learned trial court on each and every date fixed by the

                      learned trial court.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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