Patna High Court
Vikesh Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Vikesh Kumar, was arrested in connection with a case (Muffasil P.S. No. 668 of 2025) alleging offences under Sections 310(2) and 311 of the B.N.S., 2023, wherein unknown assailants allegedly robbed an informant at gunpoint. The petitioner contended that he was falsely implicated, that the FIR named unknown miscreants, and that the only evidence against him was the victim's confessional statement in a related case, with no material recovery or TIP conducted. The State opposed bail, highlighting the petitioner's alleged criminal antecedents in three other cases. The court examined the lack of substantive evidence linking the petitioner to the crime and considered his prolonged judicial custody since 27‑11‑2025. Weighing the circumstances, the court found no sufficient ground to deny bail. Consequently, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in the absence of material evidence linking him to the alleged offences under Sections 310(2) and 311 of the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 310(2), 311
Subjects
- bail
- criminal procedure
- Sections 310(2) and 311
- B.N.S. 2023
- false implication
- confessional statement
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17099 of 2026
Arising Out of PS. Case No.-668 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Vikesh Kumar @ Vikash Kumar S/O Lalbachan Rai R/O Vill - Dostiya Ps -
Lakhaura,dIST- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Muffasil P.S. Case No. 668 of 2025 registered for the
offence punishable under Sections 310(2), 311 of the B.N.S.,
2023.
3. The case of the prosecution, in short, is that
unknown miscreants have assaulted the informant and on
gunpoint, looted away his mobile phone and bike.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the FIR was lodged against unknown
Patna High Court CR. MISC. No.17099 of 2026(2) dt.17-03-2026
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miscreants. During the course of investigation, the victim has
given his confessional statement in Muffasil P.S. Case No. 670
of 2025. Save and except the confessional statement, there is
nothing against the petitioner. No recovery has been made. He
also submits that even TIP has also not been conducted.
Moreover, the petitioner is languishing in judicial custody since
27.11.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Motihari (East Champran) in connection
with Muffasil P.S. Case No. 668 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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